The sound of gunshots is “no longer an unusual experience” and now seems to be “part and parcel of everyday life,” said Chief Justice Leslie Haynes KC on Monday, calling for decisive action to uphold the rule of law in Barbados.
The chief judicial officer told the opening of the legal year under the theme Bridging the gap between law and society: The role of the neighbourly principles of an urgent need for all sectors of society to prioritise security and justice to foster national development.
His comments at the start of the court system’s term set the tone for a judiciary facing both challenges and opportunities, with security and efficiency at the forefront of the national agenda.
“Whatever can be done, must be done to ensure that the rule of law prevails,” the chief justice asserted during the special sitting of the Supreme Court. He highlighted the importance of a well-functioning justice system in safeguarding national stability, particularly as the country grapples with an uptick in serious crime.
“I need only to refer to the recent explosion of serious crime on our island and the events of the last few days. Unfortunately, the sound of gunshots is no longer an unusual experience and now appears to be part and parcel of everyday life,” Haynes remarked, stressing the potential consequences for the country’s security and economic growth.
He warned that citizens and residents, preoccupied with insecurity, cannot focus on productivity. “A secure, law-abiding nation will encourage both local and foreign investment, which is an essential ingredient in national development,” Haynes noted. He added that enforcing the rule of law must remain a priority for Barbados if it is to maximise its national contribution.
In his wide-ranging address, Haynes also turned his attention to the conduct of public service vehicles (PSVs), a frequent topic of public concern. He called for the restoration of law and order in this industry, warning that it was essential to dismantle the perception that “criminality in its various guises pays”.
Chief Justice Haynes further called for reforms in the criminal justice system: “The system has to adapt and be modified so as to eradicate all weaknesses.”
He pointed to issues with enforcing fines and imprisonment orders, describing the current enforcement as “tardy”.
Monday’s also marked four months since Haynes assumed the role of Chief Justice. He used the occasion to update the judiciary, including Attorney General Dale Marshall, Director of Public Prosecutions Donna Babb-Agard KC, and other senior legal figures, on recent developments.
He revealed that the Court of Appeal now has a full complement of six judges, which allows for the court to sit in two panels simultaneously. Haynes acknowledged the need for a seventh appeal judge to maintain this efficiency but recognised the challenge posed by limited resources.
Haynes pointed out that the judges in the criminal division have been increased to eight and are “working efficiently and effectively as resources permit”. Fifteen persons in the transcription unit are set to graduate which will see an increase in the production of transcripts and notes of evidence, thereby reducing the time between the commencement of an appeal case and the date on which an appeal is heard.
But the chief justice said the increase in the number of courts and consequently the number of cases tried places an increased burden on all court-related services including the probation department and its officers whose role and reports are vital to the sentencing process of convicted persons.
“For this process to work, an increase in judges alone is insufficient. Without an increase in probation officers, the bottleneck has shifted to the sentencing process,” he explained, pointing out that the waiting time for a pre-sentencing report has risen from eight to 12 weeks.
Haynes said the judiciary continues to work on the inherent problem of the backlog of cases but officials must be careful about how resources are allocated so that once the backlog is cleared, it does not reoccur.