Three senior lawyers on Friday expressed their New Year’s wish for a more efficient court system.
Defence attorneys Michael Lashley SC and Andrew Pilgrim SC both praised the genuine attempts to get rid of the backlog of cases in the courts, noting the increase in the number of High Court judges and particularly the large amount of work being done within the District ‘A’ Magistrates’ courts.
Speaking to Barbados TODAY, Lashley urged that 2024 be the year that magistrates’ powers are increased to allow cases of indecent assault and possession of small quantities of ammunition and firearms to be adjudicated by a magistrate to prevent these from “clogging up” the Supreme Court’s schedule.
In a bid to help first-time offenders, he expressed that a rehabilitation centre be established “so that they would be in an environment that is conducive” to their rehabilitation.
But he acknowledged that there must be an increase in the relevant personnel, especially probation officers, whose numbers were currently limited.
“I would like to see an increase in probation officers because you cannot increase the courts and not increase the numbers of officers so that those first-time offenders would be able to get in and out of the system as fast as possible – but, obviously, with the necessary checks and balances in place to ensure that the rehabilitation process continues and is successful,” he said.
Lashley also advised the Barbados Bar Association to do more outreach work: “The association should reach into the communities and educate the public not only on aspects of law but on how the criminal justice system works.”
Expressing satisfaction that evidence used by the prosecution was now more led more by science than by confessions, Pilgrim nevertheless said more must be done to hold police up to scrutiny.
He said too many old cases continued to clutter up the system and stressed that individuals should no longer be locked up for marijuana possession.
Pilgrim complained that two of the island’s busiest courts, District ‘A’ Magistrates’ Courts 1 and 2 were still sharing one room after two years, whilst some courtrooms were completely unused.
The outspoken lawyer also called for better pay for those officials in the justice system, adding, “I want to see police and magistrates receiving improved salaries, training and increased numbers.”
Pilgrim noted that judges in civil court have been unable to keep pace with decision-making, an issue that Hal Gollop SC also said must be addressed.
“There has to be a better way of administering that process so that cases can move from the time you have lodged them in court to the time when a judge makes a decision. This is something that has concerned litigants and lawyers,” he said.
The veteran lawyer called for more cohesion between the bench and the bar to allow for a more expeditious delivery of judgements and settling of cases.
In addition, he expressed his wish that the new year would bring a better administrative process to speed up the application of grants, identifying this as one of the “greatest challenges” facing the system.
“The Registry always seems to be understaffed,” Gollop told Barbados TODAY. “Matters involving probate, including applications of letters of administration and letters of testamentary, take an inordinately long time, and the average person who applies really does not understand that when a lawyer has done the foundation, there is a waiting game you are playing with the registry to make the grant. People have had to wait for more than a year with regard to grants being made for applications.
“This is one area that affects the public in a very real way, as a lot of these people are waiting for estates to be settled and administered and have expectations in getting what is due to them either by a will from the deceased or benefactors or by the law through letters of administration.”
Noting that clients often believed that the long delays were the fault of their attorneys, Gollop suggested that more staffing be deployed within the various departments to help address the situation.
jeniquebelgrave@barbadostoday.bb
