Government Information Service

by Kamala Jno.Baptiste-Aaron
Government Information Service

More access to a fair and efficient court system is one of the areas that the Chief Justice of the Eastern Caribbean Supreme Court is hoping to put focus on once again in the up-coming law year. Chief Justice Hugh Rawlings made that observation as he addressed the official start of the law year through regional simulcast Monday, 13th September, 2010.  

The new law year was officially opened with an ecumenical service at the Methodist Church and addresses by officials of the court. Chief Justice Rawlings told the official opening that for a decade the Eastern Caribbean Supreme Court has made several changes based on its mission to serve the people of its member states by providing access to a system of justice that is accountable and independent and that is administered by officers in a manner that is prompt, and effective.

Chief Justice of the Eastern
Caribbean Supreme Court,
Hugh Rawlings

He said however that meeting this mission continues to be a challenge for the Eastern Caribbean Supreme Court in light of various constraints. 

“Our present challenge is to meet this mission to provide an efficient system of justice in the face of the unprecedented increases in both criminal and civil cases that are being filed in our courts giving that our human and other resources have not benefitted from commensurate increases. The result, of course, is that our system is everywhere under stresses and strains. For some years now, our courts have embraced computer technology as part of its modernisation programme to meet our mission in these changing times. For this purpose, we introduced JEMS or the Judicial Enforcement Management System to underpin our case flow and case management processes.”

In the meantime, Hon. Attorney General, Francine Baron-Royer, has put the court on notice that plans are well underway to establish the criminal division. She said while procedural matters have slowed down the process, the criminal division is expected to be in place by the beginning of 2011.

Hon. Attorney General,
Francine Baron-Royer

“For those who may not know the establishment of the criminal division will result in the abolishment of the preliminary inquiry at the magistrate’s court for indictable matters. It will be replaced by a sufficiency hearing before a judge who will determine primarily on written statement whether there is sufficient evidence for a matter to go to trial. It is designed to ensure that strict timelines are followed so that persons who are charged with serious crimes are brought to trial within a much shorter time period.”

The Attorney General conceded however, that the public’s confidence in lawyers in Dominica has been shaken. 

“Great reliance and trust is placed on lawyers. Lawyers plan an important role in defending the rights of and looking after the interests of their clients. The confidence of the public has been shaken. Their belief in the integrity of lawyers has been derided. In some instances, the role and responsibilities of lawyers have been misunderstood. In any profession, organisation or grouping that interfaces with the public, there is always great merit in having rules, regulations and dispute mechanisms so that members are aware, the public is aware of the standards that are expected, the limitations that exist and the means by which disputes or complaints can be settled.”