Editorial | Justice Sykes delivers good news

Litigants who often wait years for their court cases to be tried and for judgment to be given would have taken a measure of comfort from assurances by Chief Justice Bryan Sykes that the judiciary is on course to clearing the backlog.

Justice Sykes, who, along with president of the Court of Appeal Dennis Morrison hosted a recent media briefing, told journalists that the use of technology was having a significant impact on the process, and particularly so in the case of rural practitioners.

For too long, the judiciary has been plagued by inordinate delays, which have frustrated litigants and others who come into contact with the justice system.

The issue of delayed reserved judgments and written reasons for such judgments has been a scar on the judiciary for many years. Simmering frustration came to a boil in 2016 when the Jamaican Bar Association called attention to the situation and proposed a series of recommendations to overcome the difficulties.

Also expressing concern about the issue were the Inter-American Commission on Human Rights and the United Nations Human Rights Committee. Both decried the fact that litigants were being denied justice because they did not have access to written judgments within a reasonable time after their trial had ended. It meant their appeals could not be heard, and it also had huge financial and social implications for them.

OBSTACLES

Justice Minister Delroy Chuck, citing jurisdictions where judges’ pay had been withheld because of tardiness in delivering judgments, used moral suasion to appeal for better productivity from Jamaican jurists.

It would not be fair, however, to lay all the blame for the ongoing backlog at the feet of judges. Some of the obstacles they face are case overload, delays by attorneys, drawn-out investigations and other delays by the police, and a general lack of resources.

A reasonable time for handing down a written judgment was defined as three months after completion of the case, and certainly not more than six months. This timetable was rarely met, often without an explanation for the delay.

Some judges, albeit the exceptions, have taken upwards of three years to deliver their written judgments. Indeed, some have even carried their backlog into retirement with them.

This pervasive tardiness has given a black eye to the judiciary and led to calls for accountability. Its effectiveness and credibility were often criticised in the face of litigants’ right to appeal being severely affected.

The fact that Justice Sykes recognises the need for greater engagement with the press is a positive initiative for transparency and, ultimately, judicial accountability. And he is engaging at a time when he has good news to report. Transparency is the one thing that will help to debunk public perceptions of bias and impartiality and restore faith in the operations of the judiciary.

Not only that; potential private investors being wooed to the island in these dark economic days of COVID-19 want to be assured that they can seek remedy in our courts and that matters will be heard in a timely manner.

Citizens of this country look to the justice system for protection from any manner of harm and from whatever source it may come. The effectiveness of the system depends on an appropriate balance of the rights and responsibilities of the various players within that justice system.