Chief Justice warns against skimping on justice
It happens every year at this time but in 2005 the ceremonial opening of the Supreme Court carries special weight: first because it must deal with a rising tide of violent crime and second, because the civil side of court has become an important arbiter of Belize’s social and political conflicts. News 5’s Patrick Jones reports.
Patrick Jones, Reporting
The usual pomp and ceremony at the opening of the Supreme Court, brought the traditional crowd of school children and other spectators to catch a glimpse of the men and women who operate the country?s judicial machinery.
The four puisne judges proceeded the arrival of Chief Justice Abdulai Conteh who took a general salute from the police guard before inspecting them.
When he retired to his chambers to deliver his opening speech, Conteh gave a review of the performance of the judiciary over the last twelve months, noting that while it was a challenging year, the wheels of justice continued to turn.
The CJ reported that last year, only one criminal case from Belize was lodged before the Privy Council and that was an extradition appeal. There were five civil appeals, four are still pending while only the BACONCO case was concluded with a dismissal.
Court of Appeal
Domestically, fifty-eight cases were lodged in the Court of Appeal, thirty-six of which were criminal cases.
Supreme Court
Six hundred and eighty six civil cases went before the Supreme Court last year, two hundred and twelve divorce petitions and seventy-six appeals from the Magistrate?s Court.
Serious Crimes
The Chief Justice?s report also outlined a full docket of serious crime cases last year, including forty-nine for murder,twenty-three for attempted murder and thirty-three rape cases. And the CJ reserved his harshest criticism for the increase in abuse involving children.
Abdulai Conteh, Chief Justice
?But more alarmingly I am sure you will all share in this alarm was the increase in the incidence of carnal knowledge against minors. Exactly twenty-six of the serious sexual offences against females out of a total of thirty-three, twenty-six were against minors. This is a very disturbing state of affairs that must be addressed and remedied; for the welfare of our children on whom the future of this nation depends.?
The Chief Justice also noted that domestic violence is still a growing concern. Last year, over six hundred applications were dealt with in the court system, four hundred and eighty-five were for protection orders and 116 for occupation orders. Similarly, cases involving juveniles also doubled last year.
Abdulai Conteh
?This is also a disturbing trend that should actively engage the attention of not only the authorities but families themselves the schools and religious leaders, for juveniles and the criminal justice system make uneasy bed fellows. We should try at all cost to keep them out of the criminal justice system.?
Despite the challenges in discharging their duties, the Chief Justice said that the judiciary performed well in 2004 and he commended the Attorney General for the small improvement in budgetary allocation. Last year, G.O.B. spent four million dollars on the judiciary and Conteh said that while we live in hard times and with new belt tightening measures, the judiciary must not be a victim of austerity.
Abdulai Conteh
?It is however hoped that the sum allocated this year will mark some improvement, at least on last year?s allocation. I must however caution that to skimp on the judiciary is a short sighted policy that will endanger not only the independence, integrity and impartiality of the system of administration of justice itself but ultimately the rule of law and thereby impoverishing all of us.?
?It must be remembered that the due and proper administration of justice cannot be got on the cheap. The case for prudent and responsible management of resources particularly financial resources, cannot be over stated. It is necessary for the health of the nation?s economy and its prosperity. But financial constraint should not be allowed to impinge upon or impede the due administration of justice for this would be really a policy of penny wise pound foolish. When the due administration of justice becomes hobbled by financial constraints the judiciary is set on the slippery road to losing its independence and integrity and hence its impartiality. This cannot be healthy for any politic or economy.?
Similarly the Chief Justice noted with concern that legal aid being offered to persons who cannot afford their own lawyers is not what it should be and therefore leaves many at the mercy of the court.
Abdulai Conteh
?Proper and adequate representation of all the parties in dispute will not doubt inform the quality of the courts decision thereby improving the quality of justice and above all, help ameliorate the strain on a judge in a case where there is no equality of arms or a level playing field. In some sister jurisdiction in the region there is for example the office of public defender, at least in criminal cases. Equality of arms is after all an indispensable element of our adversarial system of justice in search of the truth.?
Patrick Jones, for News 5.
