Pull socks up - appeal to judiciary
By Gwen Evelyn
STANDARDS among magistrates and judges have to be lifted again, President Bharrat Jagdeo and Chancellor of the Judiciary, Mr Cecil Kennard urged yesterday at the opening of a new wing of the Georgetown Magistrates Court. In addresses at the ceremony, Mr Kennard called sternly on magistrates and judges to pull their socks up and President Jagdeo said the judiciary has to re-earn the respect and trust of the public. Mr Jagdeo also assured magistrates that he will try to change the difficult conditions under which they work - a promise they welcomed. Kennard came out once more against several practices in the judiciary, including the granting of ex parte (one-party) injunctions. He said such injunctions are granted by the courts as a matter of course and no effort is made to talk to the other party the injunction is being obtained against. According to Kennard, this was discussed before but things have become worse instead of improving. The Chancellor stressed that the other party has the right to be heard. Describing the situation as a serious matter, he said the judiciary has to perform its duty according to the law. Kennard said he has received complaints of magistrates not starting their court sessions on time. When they turn up, they offer no apology to those they keep waiting, he said. According to him, some judges are also guilty of this practice. "This is totally unacceptable...this is...wrong and should be remedied immediately", he declared. He noted that the judiciary is in a crisis with its personnel. The city court has 17 magistrates instead of the required 21 and the High Court should have 12 judges but has only 10, he said. One judge is on sick leave. Also, the most senior judge at the High Court has been presiding over the December 1997 elections petition which is a lengthy issue, he said. The Chancellor said he was informed just yesterday that yet another magistrate was not well and will be off the job. At the Court of Appeal, there are only three judges instead of the complement of five. Noting that it is difficult to attract suitable persons to the bench, Kennard said the judiciary has to try to keep experienced judges already there. The Chancellor suggested tax-free salaries for judges, saying this is done in most of the Caribbean. The retirement age of judges should also be extended, he said. At the ceremony in the Avenue of the Republic building, President Jagdeo said the public has lost respect for professionals, especially those in the justice system. Tracing how it may have happened, he said that when times became difficult in Guyana, many took leave of their profession and moved from the middle class bracket to below the poverty line. But respect has to be restored, President Jagdeo said. People in the legal profession will, however, have to earn that respect, the President said. And this respect could be accomplished through the way they carry themselves and how justice is dispensed. If this is not done, people will continue to have bad feelings about the judiciary, Mr Jagdeo said. These include the belief that one cannot get a fair deal from the judicial system unless he/she has money. "We must work to change that", the President appealed. He added that persons should not have to wait several years for their cases to be heard. President Jagdeo said he has seen several such cases, where families have asked him to intervene. "I tell them I can't do anything", he said. He added that many of the families are poor people whose lives have been put on hold for years as they await the court process. The new wing of the Georgetown Magistrates Court was completed at a cost of $15.4M made available under the Guyana Justice Improvement Project (GJIP). The GJIP was authorised by the U.S. Government in 1994 and a grant was executed. GJIP has four components - court management, refurbishment of court facilities, access to law and training. Funding for the project comprised US$3M from the U.S. Agency for International Development and US$1M from the Guyana Government. Chancellor Kennard said the new courts are important as it is necessary to have proper accommodation for magistrates. Accommodation for magistrates in Georgetown leaves much to be desired, he said. Referring to the court housed in the Maraj Building on Charlotte Street, Georgetown, Kennard said the atmosphere is not conducive to a court and ideally, there should be one building. Under the GJIP, eight Magistrates Court buildings were renovated in 1995. They are Springlands, Mibicuri, Number 51, Reliance, New Amsterdam and Blairmont in Berbice; Leonora, West Coast Demerara and Wales, West Bank Demerara. In 1996, the Providence, East Bank Demerara and Vigilance, East Coast Demerara courts were renovated while a new one was constructed at Suddie in Essequibo. In 1997, the Georgetown Magistrates Court building was extended to house two additional court rooms. And a new court was constructed at Whim, Berbice. Building of another new Magistrate's Court at Vreed-en-Hoop, West Coast Demerara has started and should be finished by the end of this month. Consideration should also be given to putting a court at Parika, East Bank Essequibo, Kennard said. However, the Chancellor said that contractors hired to do the work seem to be dragging their feet on the job. This needs to be closely monitored since the work is not being finished on time, he complained. Magistrate Ms Dawn Gregory-Barnes gave the vote of thanks and said it is gratifying to occupy fresh, clean surroundings. She was also heartened by the high level of official presence at the ceremony. Gregory-Barnes said she is also encouraged by the President's remarks, especially as they relate to the conditions of work and welfare of magistrates. She said magistrates, however, need more reference material; priority access to law texts and updated laws. Top members of the diplomatic community were also at the opening.
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