CJ contemplates Judiciary ombudsman: ‘We will address public concern on bail, sentencing’

Justices Mira Dean Armorer and Malcolm Holdip, along with their colleagues, (left back) Justices Nirala Bansee-Sookhai and Nalini Singh at the opening of the 2024-2025 law term at the National Academy for the Performing Arts, Port of Spain on September 20. - ROGER JACOB

CHIEF Justice Ivor Archie has said he is contemplating establishing an ombudsman in the Judiciary to account for the work it is doing.

In his address at the ceremonial opening of the 2024/2025 law term at the National Academy for the Performing Arts (NAPA), Port of Spain, on September 20, Archie gave an account of the Judiciary’s accomplishments in the last year.

He also said major infrastructural work at several courthouses, particularly those in San Fernando, was expected to be completed in 2025, and hit back at the Judiciary’s critics.

The most recent criticism came from the Prime Minister at a ceremony after the Independence Day parade on August 31, when Dr Rowley asserted criminals were not afraid of the Judiciary.

Before that, at a political meeting, he also hit out at the Judiciary.

“Sometimes you get the impression that members of the Judiciary don’t know what is going on in Trinidad and Tobago, because people appear before them and all of a sudden, they become the bleeding heart for the criminals who will kill you without batting an eyelid.”

However on Friday, Archie said, “I know that on the issue of accountability, some members of the public feel that there is a disconnect between the decision-makers in the Judiciary and those experiencing the effects of crime.

“I can’t address bail and sentencing in this forum, other than to say that maybe it is that we are not doing a good enough job of explaining how we need to balance individual and societal rights...

“What I will say is that over the next few months, our continuing education programme will be addressing the anatomy of crime and gang.”

This, he said, was why he was contemplating a Judiciary ombudsman, who would not be involved in litigation but address issues raised by the public.

Archie also said the Judiciary was refining its reporting and the reporting period, “so that more information will be available on a regular and periodic basis,” as raw numbers did not always give the whole story.

He also said of critical importance to the Judiciary was the retention of public trust and confidence in the administration of justice and broader stakeholder engagement.

“And we have had several initiatives. We listened, we dialogued, we invited persons to look at our processes.”

On court facilities, he spoke of some of the challenges faced by the Judiciary. While the Family Court building in San Fernando was expected to be opened this year, he did not expect to get the staff it needed in time.

“We cannot run a Judiciary with judicial officers alone.”

Some 100 courtrooms at various courts around TT are expected to be upgraded with special litigation- and evidence-management software. This project is 20 per cent complete.

“The nation can look forward to the courts being reopened in the last quarter of 2025, or early 2026.”

Work on the Port of Spain district court continues. The first phase is 75 per cent complete, and the second phase requires Cabinet approval for additional funding. He admitted some of the projects, including the Supreme Court in San Fernando, the Family Court and the San Fernando district court were not as advanced as anticipated because of the need for additional funding, changes in the scope of works, inconsistent vendor performance and project execution methods.

Overworked and underpaid human resources also affected the acceleration of building projects, he added.

Twenty-five per cent of the San Fernando district court’s foundation was completed, which includes structural walls and underground water storage.

The San Fernando Supreme Court also suffered challenges.That project had been plagued by a mould problem and procurement issues.

On the latter, Archie said the judiciary could not operate dozens of court facilities with less than a handful of human-resource personnel versed in procurement.

“I am reading we failed to prepare. We have been asking for staff since 2020, in preparation for the proclamation of the Procurement Act.”

Despite this, he said the Judiciary was working to serve the people of San Fernando.

“In fact, since the beginning of last year, over 1,200 civil high court matters and 125 criminal high court matters (in the South) have been determined.”

Archie also said the Judicial and Legal Services Commission (JLSC) was looking to appoint new masters of the High Court, as they were instrumental in the new administration of the criminal justice system in the next couple of months and increasing the complement of judges in the criminal division by the new year.

However, he lamented these efforts needed extensive support.

“Do we know what we are doing yet? Are the results beginning to show? Yes.

“Do some people think otherwise? Not yet. Do they know anything about court administration or running a sizeable institution, let alone a Judiciary? Hell no.

“By all means, hold us accountable, but give us the ability and the resources to make it happen.

“Do not ask for or impose responsibility and demand accountability without granting authority and reasonable autonomy.

“The JLSC has been engaged in a recruitment exercise to get more masters and judges on board, while the SRC (Salaries Review Commission) is engaged in salary reduction and removal of duty allowances for people who sit well into the night on a regular basis.

“Both masters and judges need adequate judicial support staff and court administration staff for the judiciary to respond more efficiently. “The nonsense has to stop.

“So now that we know what is possible, let us please ensure its sustainability. Judicial officers and staff are stretched to their limits.”

Archie also provided statistics from the various court divisions and also mentioned some of the new technology used in courtrooms.