7 News Belize

Supreme Court Opening: It Wasn’t A Very Good Year
posted (January 13, 2014)
On the second Monday in January every year, the Supreme Court of Belize has its ceremonial opening. We've covered it for 19 years now, but we've noticed that while the staid proceedings still carry an air of importance, this year Jules Vasquez wondered how much of that is self-importance? Here's his report:..

Jules Vasquez reporting
The day started as per tradition with a church service - co-celebrated this year in St. John's Cathedral.

From there the stately procession led by Chief Justice Kenneth Benjamin moved down Regent Street the austere judicial robes, followed by the severe court gowns.

Always an oddly somber scene in the otherwise bustling downtown area. From there an inspection of the guard of honor We wish we could say it never gets old, but it kinda does for a judiciary that it often out of step with public sentiment.

While their stiff starched costumes and strict formality denote unassailable propriety - in 2014 the justice system is neither efficient nor egalitarian; and if you listened closely enough to the proceedings today you could hear it heaving under the weight of its own shortcomings:

Hon. Kenneth Benjamin, Chief Justice
"The management of criminal matters continues to be unsatisfactory. As of December 31st, 2013 there are one hundred and ninety-three persons awaiting trial in the Supreme Court, remanded at the Central Prison at Hattieville. The call must be renewed to members of the bar to offer themselves to act for unrepresented accused persons in cap 2 cases. Since the increase in the statuary honorarium there has been a slight improvement in the response but many more accused remains without representation."

Eamon Courtenay, S.C., President of the Bar
"In addition to the appalling statistics identified by your lordship, I draw to the attention of those gathered that of the one hundred and [ninety]-three persons who are incarcerated at the Kolbe Facility who are foreigners, seventy-one of them are awaiting deportation hearings. There are 6 persons in Kolbe who had either been declared insane or unfit to stand trial."

"The members of the bar association who practice on the criminal side my Lord Mr. Attorney has presented to the executive of the bar a 13th point plan for action. This includes arrange from the implementation of case management, improving the legal aid system, addressing the back log in the criminal division and reform of the criminal laws."

"My Lord Chief Justice we agree entirely with the words you said from the bench that now is the time for action with respect to the criminal justice system."

Hon. Wilfred Elrington, Attorney General
"I want to assure the president of the bar that we are more distress that he is by the fact that there are people in our country who because of delay for one reason or the other are not enjoying the justice that we like to vaunt. Justice delayed is obviously justice denied. It will certainly require a lot of thought, effort and resolution on all our part. I am sure that all of us can do more to regularize the situation. We could certainly do more at the legal aid center, those of us who are in the private bar who are doing so very well. I am sure if more of us in the private bar were in fact undertake to assist certainly at the legal aid center we would see a drastic reduction in the sorry state that exists with relation to the criminal courts,"

And the backlog is only expected to grow without a full complement of judges on the bench- which has led to a backlog of judgments - a chronic problem:

Eamon Courtenay, S.C., President of the Bar
"During the course of the year the bar brought to the attention of the Chief Justice the increasing number of complaints relative to the delay in the delivery of justice. This is an issue that engages the constitutional rights of litigants. Urgent action is required."

Elrington says it's largely a matter of money

Hon. Wilfred Elrington, Attorney General
"We too are not happy with the level at which the judiciary is being funded. It certainly cannot be the case that an institution that is so fundal to our democracy and to our way of life gets a measly 1% of the national budget. When the Ministry of education enjoys some 26% and they are demanding more."

Hon. Wilfred Elrington, Attorney General
"Also too you can't expect to the brightest and the best people in private practice; brightest, the best and the youngest in private practice and then you have magistrates who are on the bench who are not necessarily the brightest and the best and who in many cases are advanced in age."

Courtney also criticized the leisurely schedule of the Court of Appeal:

Eamon Courtenay, S.C., President of the Bar
"Inexplicably the court of appeal continues to sit on average for 9 weeks per year. Action is required to address the delay in the hearing and the delivery of judgments in the court of appeal. There are now 3 Belizean based judges on the court of appeal. Mr. Attorney, the bar association says that it is time for the court of appeal to sit more regularly."

But for all the gentle boat rocking, the status quo remains:

Hon. Wilfred Elrington, Attorney General
"You don't know how distress I am when people don't get decisions, people are languishing in jail. One of the reasons why I stop doing criminal work was because I was so disgusted with the system. That was way back in 1977- 1979. I am now in the driver's seat, I can't complain because I am now part of the executive, but there are fundamental difficulties because I alone can't do it; political directorate can't do it. You need the leadership class in the country to come together."

A few notable pieces of news coming out of today;s event is that well known Antoinette Moore has been hired as a temporary judge to clear the backlog of cases in the Belmopan section of the Supreme Court.

While that happens, Madame Justice Rita Olivetti is moving on after a very short time on the bench.

In other news, three attorneys were elevated to Seniour Counsel status today: they are Jackie Marshalleck, Cheryl Lynne Vidal and Magali Marin Young.

Home | Archives | Downloads/Podcasts | Advertise | Contact Us

7 News Belize