If the analysis of our leading political correspondent is to be accepted, it appears Prime Minister Fruendel Stuart, who is said to be a student of history, is loath to make important political decisions  during the Yuletide Season because of a fear of having to suffer the wrath of a Christian nation.  In his Sunday article, Albert Brandford opined that Prime Minister Stuart would have observed how Barbadians reacted to former Prime Minister Arthur’s announcement of a general election date in December 2007. To support Brandford’s position the local press reported today the candidate to contest the St. John bye-election will be known on January 2, 2012.

Barbados Underground regrets that another decision of significant national import continues to be influenced by political  demagoguery; or so it seems. The appointment of former Chief Justice David Simmons was also fraught with controversy. BU agreed with many at the time who believed the decision to appoint a politician of current vintage to the post of Chief Justice, smacked of insensitivity and signalled a dangerous intervention by the Executive into the realm of the independent arm of  the Judiciary. Yet again Barbados finds itself in a shroud of controversy carping the appointment of one of the most important positions in our system of governance. The suspicion that Prime Minster Stuart maybe weighing political considerations with the appointment of Marston Gibson at a time when our judicature is labouring to dispense justice is unfortunate. The adage ‘justice delayed, is justice denied’ has become a common characterization of our Court System in recent years.

A common concern resonating from Barbadians posted on BU is the difficulty of filing and managing small claims matters in our Courts. It is no secret the Barbados Court System is designed to make it mandatory for lawyers to be involved in the most routine matters. While such an arrangement will favour lawyers with the opportunity to earn fees, it serves as a deterrent for ordinary Barbadians who would turn to the Court, as Ralph Thorne QC recently recommended, to seek redress. How can we have justice if a large part of the populace believes it is not a ready option to seek justice?

Former Chief Justice David Simmons promised on assuming office to modernized and make our Judicature more efficient. Yes he has left a nice building on Whitepark Road, we hear talk about institutionalizing Alternative Dispute Resolution (ADR) but have ordinary Barbadians benefited from having a system of justice which provides a timely*solution to their problems. We say no!

In the United Kingdom  the use of the Internet to create a system which caters to small claims matters for a filing fee between £25 and £100 provides a good model for Barbados to follow. If a claim is less than £100, 000 and against no more than two people, Money Claim Online can be used as a legitimate tool in Her Majesty’s Court System in the UK to seek redress.

Given our boast to having a heavy Internet penetration, one is left to ask why are Barbadians being denied the opportunity to seek justice by accessing a similar system. Our Court System should efficiently cater to all Barbadians, the haves and the haves nots. It is time for Barbadians, supported by key stakeholders, to speak up! A democracy can only prosper if we the people fully participate.

This is a call to Chief Justice Designate Gibson to pick this low hanging fruit which can go along way to ensuring the local Judicature dispenses justice in a more equitable manner. President of the Law Society of Trinidad Martin Daly recently spoke at a Barbados Bar Association function and gave the unflattering opinion that the backlog of cases in the Caribbean (including Barbados) cannot be improved through regular processing. If you can deliver this one solution Chief Justice Designate Gibson, ordinary Barbadians may begin to mend an eroding confidence in our system of justice which has begun to take root.