• Latest
Radiation emission on the Carenage a public concern

Seeking justice in Grenada Part 1: Grenada’s court/judicial system in a state of collapse?

3 years ago
Claims of coronavirus at SGU designed to create fear and panic

Covid-19 update: Grenada Dashboard 21 January

3 hours ago
Jean Augustine and Canada’s Black History Month

Jean Augustine and Canada’s Black History Month

4 hours ago
GFA delegation attends FIFA and CONCACAF Congress in France

GFA appoints new Senior Men’s National Team Head Coach

4 hours ago

Reef View Enterprises becomes latest CBI local agent

5 hours ago

Closure and relocation of Department of Births and Deaths

19 hours ago
Young farmers take up challenge to increase Grenada’s food supply

Young farmers take up challenge to increase Grenada’s food supply

20 hours ago
MWAG statement on the passing of Justin “Crow” McBurnie

MWAG statement on the passing of Justin “Crow” McBurnie

1 day ago
This Day in History

This Day in History: 21 January 1974

1 day ago
Lawyer Wants Marijuana Possession Laws to be Modified

National Round Table on Caricom Commission on Marijuana Report

1 day ago
Congratulations to Grenlec’s BFF Winners

Congratulations to Grenlec’s BFF Winners

2 days ago
Government and trade unions disagree over deferral request

Government and trade unions disagree over deferral request

2 days ago
5 Grenadian Artistes at International Soca Monarch Semis

Infrastructure Ministry awaiting “no objection” to commence St Patrick coastal study

2 days ago
NOW Grenada

Main Header Ad 468x60

booked.net
  • Front Page
  • Categories
    • General News
      • All
      • Agriculture & Fisheries
      • Arts & Culture
      • Business
      • Education
      • Environment
      • Health
      • History
      • Lifestyle
      • Law
      • Politics
      • Technology
      • Travel & Tourism
      • Weather
      • Youth
    • Sports
      • All
      • Athletics
      • Cricket
      • Football
      • Watersports
    • Community
      • All
      • Tribute
    • Crime
    • Features
      • All
      • Today in History
    • Opinion/Commentary
    • Press Releases
      • All
      • Advertisements
      • Notices
  • Video
  • Notices & Vacancies
  • Advertise
  • Contact Us
No Result
View All Result
  • Front Page
  • Categories
    • General News
      • All
      • Agriculture & Fisheries
      • Arts & Culture
      • Business
      • Education
      • Environment
      • Health
      • History
      • Lifestyle
      • Law
      • Politics
      • Technology
      • Travel & Tourism
      • Weather
      • Youth
    • Sports
      • All
      • Athletics
      • Cricket
      • Football
      • Watersports
    • Community
      • All
      • Tribute
    • Crime
    • Features
      • All
      • Today in History
    • Opinion/Commentary
    • Press Releases
      • All
      • Advertisements
      • Notices
  • Video
  • Notices & Vacancies
  • Advertise
  • Contact Us
No Result
View All Result
NOW Grenada
No Result
View All Result

Article Header

Seeking justice in Grenada Part 1: Grenada’s court/judicial system in a state of collapse?

This story was posted 3 years ago
2 July 2018
in OPINION/COMMENTARY
4 min. read
St George High Court located on Carenage
Share

by Leon Oscar Taylor

In an article in Now Grenada dated 24 September 2013, Sir Lawrence Joseph stated, “Sad to say, the court system in Grenada provides a very slow avenue for redress. In general, litigants in civil cases have to avail for over 7 years or more to have final determination of their matters. At the moment there are hundreds of cases waiting in the pipeline to be heard so the problem needs urgent attention.”

Sir Lawrence went on to state that one significant answer to cutting down the massive backlog seems to be to increase the number of judges presently operating from 3 to 5 and government increasing its financial commitment to the court which should be paid in a timely manner. Sir Lawrence was subsequently appointed to Acting Attorney General on 2 October 2017.

Subsequently during the 2017 Budget Debate the then Deputy Prime Minister and Minister of Legal Affairs stated the following: “The backlog in cases is the prime factor in the delay in court matters, and the courts are not fully staffed and that the cutback in personnel at the Supreme Court is hampering the speedy delivery of transcripts from judges to prepare matters for the Appeal Court.”

In an effort to compensate for the extensive backlog of cases, the courts have attempted to fast-track justice by hearing litigation in chambers. This leaves a lot to be desired because in this process disclosure of documents is not required and evidence is presented in written affidavit form which is not subject to examination and cross-examination despite the fact that the necessity of testing by cross-examination is thought to be a vital feature of the law and is said to be the greatest legal engine ever invented for the discovery of the truth.

And the truth is vital to arriving at justice. If the truth remains hidden, then true justice cannot be rendered

Sir Lawrence’s opinions and the debate contribution by the previous Deputy Prime Minister have obviously not been taken seriously as the situation has deteriorated leading one to conclude that Grenada’s court system has collapsed.

  • At the time of writing 4 of the 5 courts are closed for an indefinite period. The one court available is a judge’s chambers. How can justice be dispensed in such a situation?
  • During the week of 13 November 2017 there were no judges sitting in the civil courts with no warning or explanation given to counsel or litigants who turned up for court.
  • Following this one of the civil court judges was on extended sick leave without replacement and subsequently was transferred to the criminal court.
  • There is therefore only one sitting judge in the civil court and one temporary appointment which terminates on 31 May and one court dispensing justice by hearing in judge’s chambers.

Given these conditions the judiciary cannot and does not function as it should in Grenada despite being one of the three pillars of government and the most important one.

The judiciary is responsible for settling all disputes. It is the dispenser of justice, the check against the arbitrary exercise of power by those who hold power, the safeguard against legislative and executive excess, the guardian of the Rule of Law and Justice, and the protector of the Constitution and the fundamental rights of the people.

The Chief Justice of the United States Warren Burger stated in 1970, “A sense of confidence in the courts is essential to maintain the fabric of ordered liberty for a free people and three things can destroy this confidence and do incalculable damage to society

  1. That people come to believe that inefficiency and delay will drain even a just judgment of its value
  2. That people have been exploited in the smaller transactions of life to believe that the courts cannot vindicate their legal rights from fraud and overreaching and
  3. That people come to believe that the law, in the larger sense, cannot fulfil its primary function.”

One is therefore forced to conclude that irreparable injustice has been done and continues to be done to Grenada’s society. A large number of cases can never be resolved because litigants have died while waiting for a hearing in court. Many of the living continue to wait in vain for justice knowing that by the time justice arrives the damage suffered is already irrecoverable.

As recommended by Sir Lawrence, the government must increase the number of sitting judges and increase funding for the judiciary. The government must also provide proper permanent and adequate court facilities so that the judiciary can function efficiently. As Acting Attorney General Sir Lawrence is ideally placed to spearhead such changes having identified the deficiencies in the judiciary as long ago as 2013 and these changes should take precedence within the justice system

The situation cannot remain as it is. Such a situation poses great dangers to having a just and free society in Grenada. A free society depends upon the judiciary for getting justice.

Grenadians are likely to be shocked to learn that the World Bank rates Grenada at the bottom of the barrel relative to its Caricom neighbours in the Ease Of Doing Business, and Transparency International’s Corruption Perception Index for Grenada rates the island as more corrupt than its Eastern Caribbean neighbours. Given the state of Grenada’s court system, one can expect the island’s ratings to fall further. What then are the long-term consequences for the island if the court situation persists?

NOW Grenada is not responsible for the opinions, statements or media content presented by contributors. In case of abuse, click here to report.

Tags: courtFundingjudgesjudiciaryleon taylor
Next Post
Overdue – Top Hill Senior Citizen Home

The Pension Secretariat continues its registration process in Carriacou

Comment on story Cancel reply

Your email address will not be published. Required fields are marked *

This site uses Akismet to reduce spam. Learn how your comment data is processed.

Home Sidebar NP 300x250

© NOW Grenada. All Rights Reserved. Published by Aqua Design Inc. | Terms of Use | Privacy Policy

© NOW Grenada. All Rights Reserved
Published by Aqua Design Inc.
Terms of Use | Privacy Policy

No Result
View All Result
  • Front Page
  • Categories
    • General News
      • All
      • Agriculture & Fisheries
      • Arts & Culture
      • Business
      • Education
      • Environment
      • Health
      • History
      • Lifestyle
      • Law
      • Politics
      • Technology
      • Travel & Tourism
      • Weather
      • Youth
    • Sports
      • All
      • Athletics
      • Cricket
      • Football
      • Watersports
    • Community
      • All
      • Tribute
    • Crime
    • Features
      • All
      • Today in History
    • Opinion/Commentary
    • Press Releases
      • All
      • Advertisements
      • Notices
  • Video
  • Notices & Vacancies
  • Advertise
  • Contact Us

Welcome Back!

Login to your account below

Forgotten Password?

Create New Account!

Fill the forms below to register

All fields are required. Log In

Retrieve your password

Please enter your username or email address to reset your password.

Log In

Add New Playlist

We are using cookies to give you the best experience on our website.

You can find out more about which cookies we are using or switch them off in settings. Visit our Privacy Policy | Terms of Use.

NOW Grenada
Powered by  GDPR Cookie Compliance
Privacy Overview

This website uses cookies so that we can provide you with the best user experience possible. Cookie information is stored in your browser and performs functions such as recognising you when you return to our website and helping our team to understand which sections of the website you find most interesting and useful. Visit our Privacy Policy | Terms of Use.

Strictly Necessary Cookies

Strictly Necessary Cookie should be enabled at all times so that we can save your preferences for cookie settings.

If you disable this cookie, we will not be able to save your preferences. This means that every time you visit this website you will need to enable or disable cookies again.