Over the past few years, the judicial system in Barbados seems to have transformed into a nightmare for those who find themselves entangled within it. Cases that involve minor offenses, such as simple theft or small amounts of illegal drugs, as well as civil matters like divorce, are now plagued by excessively long delays before they are even heard.
While it has been suggested that adding more judges and magistrates could help streamline the system, I believe the issue runs deeper. The judicial system needs not only more legal personnel but also better support in the form of paralegals and competent lawyers who can assist in research and prepare briefs for judges. Moreover, the system’s infrastructure, including offices and technology, must be modernized and readily accessible to facilitate smoother operations.
The Hon. Sir Patterson Cheltenham, K.A., the current Chief Justice, is a highly accomplished legal scholar with a distinguished career. He is well-qualified, perhaps more so than some of his predecessors, and hopefully open to innovative approaches for addressing the crisis. With this in mind, I would like to propose a unique solution to alleviate the bottlenecks within the judicial system.
- Civil Cases
A possible remedy for the backlog of civil cases is to appoint four King’s Counsels (KCs), supported by adequate staff, whose sole task will be to hear these matters. This process could be streamlined by offering the parties involved a clear choice: have their case resolved through binding arbitration by one of these KCs, or continue waiting the 10 to 20 years it may take for a formal hearing.
Here’s how it would work:
- Lawyers for both sides submit briefs, and each party has 30 minutes to present their case.
- Judges will hear up to five cases per day, with a ruling delivered within seven days of the hearing.
This system would expedite the resolution of many cases, easing the burden on the courts and providing swifter justice to those involved.
- Petty Crime and Non-Violent Offenses
In the case of petty crimes and non-violent offenses, two King’s Counsels should be designated to review and assess these cases with the goal of dismissing them where appropriate, but with certain conditions:
- Offenders should be required to perform community service.
- Repeat offenders would face increasingly harsher penalties.
Community Service
Many communities in Barbados are in desperate need of assistance, and leveraging the labour of petty offenders through community service could serve as a win-win solution. For example, offenders could be tasked with working alongside the Barbados Council for the Disabled, aiding individuals in need. They could also participate in cleaning up the island’s streets, beaches, and gullies to create a cleaner environment.
One specific community service initiative could involve the Thelma Vaughan Home. This facility has a large garden area that could be utilized to grow flowers for commercial sale, helping to fund the home. Offenders assigned to community service could serve as gardeners, ensuring the success of such a venture, while also contributing positively to society.
These steps could drastically reduce the burden on the courts, offer swift resolution of many cases, and engage offenders in meaningful rehabilitation efforts that benefit the wider community. With strong leadership from the Chief Justice and a commitment to modernizing the system, the judiciary could be reformed into a more efficient and just entity.
