Minister of Justice, Hon. Delroy Chuck Address the
Opening Ceremony for the Lucea Family Court
Watson Taylor Drive, Hanover
2: 00 p.m.
TRANSCRIPT
*Please note that there may be some minor typographical inaccuracies resulting from audio issues.
Mr. Chairman,
I must tell you that I like to stand (when I Speak) and the reason I like to stand especially when I come into areas that people don’t know me…I get a little compliment, “I didn’t know you were such a tall and handsome gentleman…” (Laughter) And I am sure all the ladies here are looking at me and are saying exactly what I just said, I see they are bowing their heads. (Laughter)
1. The Hon. Dr. David Stair, Custos Rotulorum, Hanover,
2. The Hon. Mrs. Justice Zaila McCalla, the Chief Justice of Jamaica,
3. His Excellency Ambassador Marco Alemani,
4. Senator Dorothy Lightbourne, my friend and colleague,
5. Our Permanent Secretary is here as Chairman
6. His Worship Mayor Councillor Lloyd Hill, Mayor of Lucea,
7. Mr. Donovan Hamilton who opened the heavens so that we could have showers of blessings, and he knows what I mean.
8. My good friend the Resident Magistrate of the Family Court, Mrs. Deon Gallimore -Brown, someone I have known for many years.
9. Mr. Clive Sterling, the Managing Director of Sheracon Limited,
10. Dr. Lawrence Nicholson from the Poverty Reduction Program,
11. Mr. Fred Campbell, the head of the Project Department of Ministry of Justice,
12. ACP Frater, you Sir and your team of police officers, some of whom assisted us in getting here safely at times when I thought we needed a boat to take us through Lucea.
13. Members of the media
I wish that they (the media) would take much of what was said by the other speakers and much less of what I have to say but get certainly what the other speakers have said, especially in gratitude for this court here today.
Honoured guests. Ladies and gentlemen.
First let me thank the European Union. Without the European Union’s input we would not be sitting here this afternoon. Ambassador Alemanni, your presence in Jamaica has been a great credit and benefit to the people of Jamaica, and if I dare say - to my government. You have been a friend of Jamaica and of this present government. I am sorry to hear that your term in office is coming to a close, sometime this year. I think we should write the European Union to ask for an extension, but I understand that it is determined, so any application may be turned down.
But I want to thank you Sir, because your countries and yourself have assisted Jamaica in a wide area of Jamaican life, not only on the roads, not only in building courtrooms but more so in the very conditionalities of which people complain because these conditionalities, as Ambassador Alemanni has pointed out, are conditionalities to ensure that the programs and the priorities of governments are actually achieved. So it puts Ministries under task and challenges them to achieve the targets, so it is an incentive to the Ministries to do what you say you are doing, because if you don’t do it, no grant will come from the European Union.
As a good example, it (the EU) wants legislative programs in place, so the government must move expeditiously to get that program in place, to remove, for example, corruption. Corruption is a blight on far too many areas of Jamaican life and its elimination is a priority of this government. The European Union has therefore put in place certain targets which must be achieved by the government including the passage… say of the Special Prosecutor Bill which will ensure that public officials live a decent, straight and honest life, and that I hope Ambassador Alemani will be completed next month (September).
I am putting out a message to my good friends, MP’s on both sides, that a small committee is working assiduously to ensure that all the fine tuning which are now being done can be done, so that that Special Prosecutor Bill is accepted and passed in Parliament next month.
We want to thank you sir because your ideas, your creativity and generosity have ensured that the ordinary people of this country benefit, not just the business people, not just those in high authority, but the ordinary people of this country can see the European Union not only at work but passing on the benefit right down to the very poorest, to the vulnerable, to the weak, to the children, to the families of Jamaica, and this court house is a testimony to that generosity, to that vision, of how we can assist the weak and vulnerable in our society.
Case in point - this court room was built not only to accommodate judges and witnesses but to ensure that the people who use it, in particular - the children, many of whom are abused, that they will be protected even when they come to this court room. So that it is not only here that the children will be, but you will see soon that there are areas within the precincts of this court for the children to get use to the idea that you may have to go into a court room to talk to judges. So there is a children’s play room, there is a children’s familiarity room, to the extent that you get them used to (a court room)… And the trauma that they will experience, in coming to the court, we can lessen that trauma and so they can give their evidence, they can feel, should I say… at home, when they actually enter these court rooms.
I want to thank you Ambassador and let you know that the government and people of Jamaica are forever indebted to you during your period of service. I am sure wherever you go you can reflect on Jamaica and feel happy that you did leave a legacy.
I would also like to thank Senator Dorothy Lightbourne, because she too participated in this, not only using the shovel as a spoon, (laughter) but also in ensuring that ground breaking ceremony did take place and that this court could be finished. And indeed, if the truth be known, she should be the one here opening this court room, but I am doing so for her, and she is my good friend.
I want to tell you this, we have been friends for a long time, and interestingly I hope Dorothy doesn’t mind me saying this, when I was appointed Speaker, one of the first persons to call me was Dorothy soon after she was appointed Minister of Justice and the Attorney General. She called me to say how disappointed she was because she thought that she and I would occupy those two posts, one of us as Minister of Justice and one as Attorney General and look how history has played out. Unfortunately history doesn’t say what would be the results if certain alternative decisions had been made, but I can tell you that was Dorothy’s position when this Government came to power that we should have had those two posts separated and it has now turned out that in fact that is what has happened later on.
I want to compliment Dorothy because as I go into the Ministry I see so much work that has been done and so much work in progress, so much of what I am now doing, much of the challenges ahead, the ground work has been laid by you Senator Lightbourne. But let me say, if later on in my presentation, if I say anything that will raise eyebrows please do not blame Dorothy, I have not discussed these ideas with her.
And certainly one of the ideas - from her - which will bear enormous fruits and benefits to the justice system in Jamaica is Justice Square. That is where we have the Supreme Court, and Justice Square when it is completed will be not only an edifice and symbol, but a monument, a fountain of justice. I hope the exigencies of politics being what it is, I hope that I will be around with Dorothy and Chief Justice McCalla and we can open Justice Square and say this is what buildings that deliver and dispense justice should look like because what I see on the plan Justice Square will really be a fantastic area that Jamaicans and tourists should be able to visit and take pictures and see as a tourist attraction.
I hope that will be a credit to you Senator Lightbourne because it is your vision why it started and I hope, that life and politics and everything would be good to us, so that you will participate in that opening ceremony. (APPLAUSE)
I also would like to say appreciation to the Chief Justice; she too has worked so hard to ensure that the justice system moves on a good footing. Only Tuesday she had me, and the Permanent Secretary touring every room in the Supreme Court building to show us some of the good works that have been achieved- and so much more to be done. I would like to say Chief Justice to the extent that we from the Ministry can assist you in improving the appearance and also the dispensing of justice from the Supreme Court, we will do everything in our powers to assist. So you have our commitment. When we see someone like the Chief Justice working so hard, going the extra mile, then you, Chief Justice, must get the maximum support, and we hope that we can do so.
We are here in Hanover and Custos it is true that here in Hanover is a lovely parish, Hanover, Westmoreland are very nice parishes but not as nice as Clarendon. I know that in Clarendon we produce so much but, Ambassador, you can see parishes struggle and compete to see which is the nicest but we are happy we are here. I want to say Custos if I may, I am begging you to appoint more JP’s. Across Jamaica there are shortages of JPs and as you see when I make my presentation the need for JPs is extremely great, because we need some more to serve in the Petty Session Court. It is unfair that we only rely on a few to serve; when if we had more JPs we could spread the burden out some more.
Ladies and gentlemen, this evening we are about to open the Family Court here in Hanover and it is really a great achievement that this court can assist families, children, in settling disputes, in overcoming abuses, in ensuring that the maltreatment of our children and sometimes of our spouses that we can eliminate them.
There can be no doubt that the Family Court is responding to breakdowns within the family unit. If children were cared for, protected and given the right counseling there would be no need to be taking them to a Family Court. If fathers, in particular, were really being real fathers, a lot of the problems we have would not have ended up in the Family Court. I urge all Jamaicans and especially the JP’s who will assist us in Restorative and Community Justice, in the Child Justice policies, in the Community Justice tribunals, in the mediation tribunals, to reach out to those wayward fathers or parents, those wayward parents who have children and then believe it is the responsibility of others to take care of them, whether it is the pastors, whether it is the teachers or whether it is the state, and that it is not their responsibility. Every single woman and man who has a child must recognize that that child did not come about by the child’s decision, it was the decision of that parent and therefore the responsibility remains on both parents, not just the mother but more so the father to ensure that the children of our country can live a more decent life and in dignity.
One of the real burdens of the Family Court is that parents are being taken there because they fail in their responsibility; fathers are being taken to Court because they fail to maintain their children. Somewhere along the line we, the leaders, will have to send a signal to the people of this country that the state can’t do everything. You, the people, will have to ensure that you solve many of these problems within your communities, that you ensure that the family unit one of the basic unit of our society that it is strengthened, that it performs the functions for which Almighty God demands that it should deliver.
If the mothers and fathers really followed the gospel there would be no problem you know, but many of them don’t even know what I am talking about. If they really follow teachings of the Bible, or whether it is the Koran- whatever philosophy he or she would like to follow, all of them speak about the care of others. Surely it is the responsibility of our leaders, church leaders, state leaders, to send that signal to all Jamaicans that that basic unit of society-the family- needs to really pick up on the challenges and stop burdening other units of society, be it the school, the Church, or the state.
For us to succeed, every sector, every unit of society must play its part, and there is no greater challenge in Jamaica than the need for the family to pull itself together where husband and wife can live harmoniously, where parents can deliver the care, the protection and the knowledge and information to their children to live a decent life.
I say here in Hanover, unfortunately that far too many cases are coming to the Family Court. We are happy for this Court but we still want the cases to be reduced. The records I have is that 24,000 cases came over the past two years, sorry 24, 000 cases per year in Westmoreland and Hanover Family Court. Please Hanover, Westmoreland, ease the burden on my friend the Resident Magistrate because when they come to court she has to deal with most of them. I am asking JPs, Custos and other leaders within this region, please counsel our adults, counsel our children, so that fewer cases come to this court, because when they come to this court it is so traumatic. It is sometimes a tragedy when you see the behavior that occurs in Family Court, and then afterwards everything suggests that if they were kept away from court it would be better for all concerned.
I just like to say, here we have a lovely court, we have two court rooms, and one of my great concern Chief Justice is that justice should not only be easily accessible but that justice or the courts should be customer friendly. And some of the criticisms I am now hearing is that people are being kept out of the court rooms, and are being told that they can only come in if they have a case or if they have a reason to be in the court. I am not saying it is happening in all courts but it is happening in some courts. The court room has to be an open place. Justice has to be delivered in an open and transparent manner. I would just like to quote or paraphrase a great English Judge Lord Atkins, lawyers will remember him from the case of Donoghue v Stevens, he said “Justice is not a cloistered virtue, she must be allowed to suffer the scrutiny and respectful, even though outspoken, comments of ordinary men.” I would like to think as I speak this afternoon that I am an ordinary man and I would like to make a few criticism of our justice system and to say how we can move forward.
Firstly, we must make the court room open so that people of whatever walk of life can visit and watch proceedings, it is true that in the Family Court, Divorce Courts and some courts like the Gun Courts for security purposes and because of the sensitivity of the case, we have to make them private - but generally all courts or virtually all courts must be opened to the public.
You can see from this court room that not all members of the public can be accommodated, but once room is available in the court room any member of the public who wants to see what is happening in the deliberation and in the delivery of justice should have that opportunity to be there.
I go further, and I just would like to open a conversation Chief Justice and with all the stakeholders in the justice system, could we - in appropriate cases allow television cameras - believe me it is a conversation that needs to be discussed. I am aware that not many judges would want that, I am aware that not many lawyers would want it, but if justice is to be open and to be seen by all Jamaicans, then the easiest way to show it is to let it be on the camera so that those who can’t visit Lucea every week, or those who can’t come to the Supreme Court every week - in appropriate places - they may or will be able to see what happens in the court room. Now I know it would be a giant leap forward not only to think about it but to have it enacted, but I say Chief Justice, let us start the conversation because I cannot see in five or ten years time that the television camera can be out of the court room. We see it now in nearly every court room in the United States; it is happening in Europe, it is happening right across the world. And with technology we can control what goes out but at the end of the day the opportunity should be there and as I said justice is not a cloistered virtue, we must allow the public to examine and to see what is happening.
At this time Chief Justice we have spoken and we have spoken about the use of the court room and the use of judicial time. It is a tragedy that the court room like this is only to be used for five hours for the day. Most court rooms across Jamaica are opened from 10-1:00 and from 2:00-4:00. But what is the truth? You would think its five hours. But if you go to court, first of all, in some courts, they are not opened at 10:00 and even when they open at 10:00 the case rarely starts until 10:30, 11:00 - but at 1:00 - lunch time. Everyone goes to lunch and the public in particular, are ready to get back in at 2 and they are in at 2:00 but rarely do you see the case restarting at 2:00 sometimes 2:15 sometime later, but at 4 it is the end of the day.
And it is not always the fault of any particular stakeholder. It is the judge, yes, who is ready and often times there to start the case but there are other stakeholders who are not ready. In particular in criminal cases, in some cases the police DCP Frater, fail to take the prisoners on time. The prisoners who are coming for trial should be there for 9:30, if the case is to start at 10, because they have to be processed to take in court. Sometimes, especially in the Supreme Court, you hear the siren and the prisoners coming in after 10:00. So immediately you recognize that the time cannot be utilized, sometimes it is the defense attorneys or the prosecuting attorneys who are in other courts who are late, sometimes the witnesses are not available, sometimes we do not have enough jurors. All of this suggests we are not utilizing court time efficiently and in a manner beneficial to the people of this country.
I am not saying it is the only reason, but it is contributing to the hundreds and thousands of cases that still remain to be tried in the courts, and more cases are coming on. Unless we can find and utilize all the different possibilities to deliver cases, to try and finish cases, it is the people of this country who suffer.
Whenever a case is in the courts, lives are being kept on hold, until the case is decided, be it the accused, be it a litigant, be it the defense counsel, they have to await the decision. So until a final verdict is delivered in a case many, many lives are being held on hold, and if hundreds and thousands of cases are on hold waiting to be tried it means that hundreds and thousands of lives are on hold. What is more, may I say…when cases are being delayed it is affecting production in the country; it means that businesses may not be able to invest or to expand or to carry on what they are doing because they are awaiting a verdict. It means that a family may not be able to decide whether or not they can move from one parish to the next or to visit abroad because the case is still to be determined. What we are saying we need to find ways and means to determine more efficiently, in a timely manner, these cases.
And to the credit of Senator Lightbourne, and the European Union and the Chief Justice many, many things are being put in place. We are looking at the expansion of the Resident Magistrates jurisdiction where $250,000 is the maximum. Should we increase it from $250,000 maximum, to $750,000 or $1M? And if we go more than a $1M, should we insist that there be written pleadings. These are being considered.
We want to put in place a wider jurisdiction for the Petty Sessions Courts. This is an area that I heard Senator Lightbourne speak on repeatedly so that JPs who sit in these courts can have a wider jurisdiction to look, not only at minor offences, but also small claims. But I go further, we are to create Community Justice Tribunals, which again could be manned by JPs and it could well be that these community justice tribunals will look like Petty Sessions on Circuits, that is Petty Sessions on Circuit within the parishes - dealing with minor cases. Then we would be taking justice to the people within their communities.
We also have in place, Custos, it has not yet come to Hanover, but is now in Granville, in Tower Hill, May Pen, in Spanish Town - Restorative and Community Justice - where the essence of this is that wrong doers be it in the civil or the criminal courts can admit their wrongdoing and work with the victims of these wrongdoings to heal the harm that has been committed within that community. When I mention all of these matters that need to come on stream could we also mention the Dispute Resolution Foundation that we would like to expand? Their cases can come before arbitrators or dispute resolution persons to have them sorted out. At this moment all cases to the Supreme Court are referred to the Dispute Resolution Foundation, and Chief Justice I am so happy to hear that many of the cases that go to the DRF - over forty percent are resolved once they are referred to the DRF. So in other words almost half of them just by mediation they are resolved and they go back to the Supreme Court for a consent order. And more use can be made by litigants across the country of Dispute Resolution to take some of the burden from the court.
But having said all this I still ask could these courts be used for some of these tribunals, for some more dispute resolution. What I am urging is that we have some decent courts, we have some good courts, well maintained, I am not denying that some are in really poor condition, but there still are buildings in which people can have a hearing and can still sit in comfort, not denying when it rains they might be flooded out, not denying that it might be very hot in the summer, but there are still places that we can sit for longer than five hours.
There is no country, no company, no one who has ever been a success who works five hours per day. The Far East is getting ahead of us because their people are working twelve hours a day. If we are going to successfully deal with litigation in this country we have to start utilizing our courts much more efficiently. At this stage what we have to ensure is that the five hours that we spend, that they are fully and fulsomely utilized because if we visit the courts right now we would be lucky if we get an average of 15 hours for the week because on Friday and Thursday afternoons very little go on and many afternoons very little work go on because often times the cases are finished or they break down in the mornings. What I am urging, and I am merely saying that we need a conversation to really examine how we can, not only utilize the present hours efficiently, but can we have some more hours in the courts, that the court rooms can be used some more.
I am leaving it out there, to ask all the stakeholders - Should we have a two shift system? - where we go from 8:00 to 12:30 and from 1:00 to 5:30 with a half hour break on each shift. And so those stakeholder who rather a morning shift work in the mornings, if your case is in the afternoon, get rid of chamber matters in the afternoon or if you rather afternoon shift you work in the afternoon and in the morning you get through your chamber work, you prepare your cases, or the court rooms are only going to be used in the morning shift for trials could be utilized in the afternoon or even the nights for dispute resolution on community tribunal or for other purposes. But it seems to me that these many buildings owned by government that we need to utilize them some more.
And this is a conversation that I would like the stakeholders across Jamaica to begin and let us have that discussion so we can see how we can serve the people of this country better because until we can serve the people of this country better their frustration and anger can only build up and their rights and freedom that we are to promote, protect, enhance, will not get that immediate release, that immediate expansion, unless we can assist them as leaders.
Ambassador Alemani we thank you, you have started and contributed so much to Jamaica and I hope that when you go back you can reflect on your work here and some of the things that I may have said this evening which I know raised a few eyebrows but you hope you can assist us, - don’t please put them as conditionalities as yet, (laughter) but these are things that we hope can be considered.
Ladies and gentlemen, it is so much my pleasure to be here and hope that you will enjoy this court and that this court will be a blessing to Hanover and to Jamaica, I thank you. (APPLAUSE)
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