The Court System – A Proposal to Address its Inefficiencies and Purported "Collusions

Submitted by Pieceuhderockyeahright

Where is justice in the Barbados Courts?

I said that I would only come back on BU and comment if/when there was something to speak about and a challenge was laid down for some governance ideas by a blogger here. I said I would risk wading into uncharted waters and give some ideas about the Justice System and the 40 year backlog it is purported to have.

In proposing this submission I relied on the antiquated? process/mechanism which the GCE O Levels employed regarding as the overseas entity that marked local O and A level exams. When you did your exam under Cambridge and you put your # on those papers, de white people in englant did not care who you was, for unlike de CXC Caribbean counterparts, papers were marked for the most part, based on content and the marks ascribed were not determined on your social standing.

So here is an extrapolation of said concept as an optimization of our current legal/jurisprudence dilemma as relates to our courts. I suggest a project that would (a) get de international community to underwrite a Pan Caribbean Pilot geared at removing all the backload in the Justice System(s) for Caricom member states say Jamaica, Guyana and Barbados funded by EU and IDB money. (b) the Project would have these 4 elements

  1. Input and Denuding
  2. HR Enrolments and Metrics
  3. Content Dissemination and Decisions
  4. Collections, Reintegrations and Dispersion

Every single case under scrutiny will be ordered by its import (gravity) and accorded a FIFO quotient as to how long the matter was outstanding. Then they would be systematically “denuded” of all “markers” so that while all the elements of the legal matters remain, THERE WILL BE NO NAMES, ADDRESSES OR SPECIFIC DETAILS TO IDENTIFY THE PLAINTIFFS. Of course there will be matters where certain details will be required but, for the most part, a sanitization of the records can be successfully achieved.

The HR hired to examine these legal matters will be assessed by External assessors (because we know that if it was based on internal approvals – all we incompetent friends, did not say Trottie, going get picks) and they would be engaged based on their abilities and experience/track records. HR WILL BE TAKEN FROM A GLOBAL POOL of skilled legal persons, preferably those who are retired and they will be engaged using a metric that enforces Quality Assurance of their decisions AND they will be compensated under Performance Based criteria.

Quite simply, if they are assigned ten cases which are assessed to require 10 man hours, each qualified staffer will be paid, once 100 hours are completed and the document are submitted.

The Cases will be allocated based on expertise, congruent law, etc and the parties will be required to give their decisions based on the laws of that jurisdiction.

Their final output will be peer assessed/vetted for consistency and compliance with laws in the jurisdiction of origination.

The denuded subject matter will then be “reassembled” with the requisite information attached for final dissemination.

De ole man of course ent no legal man so forgive the paucity of legal knowledge but I was only looking at developing and employing processes that are devoid of collusion, optimize resources and focus on resolution to the staggering backlogs across the region.

It would take qualified men like Mr Caswell Franklyn and the Luminary Mr Jeff Cumberbatch to inform whether this can or cant work but the suggestion is based on proposing indigenous constructs to address inefficiencies in our court and the endemic reality of “Justice Delayed Is Justice Denied.”

103 comments

  • Well Well & Consequences Observing Blogger

    As I and others have been pointing out consistently on BU. …most senior lawyers, their junior attorneys and many lawyers have NO RESPECT for the courts in Barbados….none.

    Leslie Haynes and his clients are famous for blatantly disrespecting and ignoring local courts, judges decisions, plaintiff’s attorneys and their clients. ..

    I am so glad the CJJ has highlighted that disrespect for Barbados’ court process by local lawyers, who should know better, but just dont care..

    Piece…our repeated complaints have not gone in vain.

    The chief justice must fully change their attitudes by directing judges to order heavy penalities…costs…more often, everytime they show their force of disrespect to the courts, their own clients, opposing attorneys and their clients..

    That will go a long way in cleaning up their nasty, disrespectful attitudes.

    Like

  • Well Well & Consequences Observing Blogger

    I am so glad the CCJ has highlighted that disrespect for Barbados’ court process by local lawyers, who should know better, but just dont care..

    Like

  • How can someone be prosecuted, and convicted, for calling a Senator a ‘dog’? Does the same alleged offence apply if s/he were to call an ordinary member of the public a dog, or a puppy, or an alsatian?
    This is a further example of the clear abuse of the criminal justice system in Barbados (in this case by a politician), and the criminalisation of ordinary working people. The entire system needs an overhaul.

    Like

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