High Court Judges 74 Masters 77 Administrative and Support Staff 78 II 01 Messages
Total Page:16
File Type:pdf, Size:1020Kb
1 Mission To serve its Member States by providing access to a system of justice that is accountable and independent, and administered by officers in a prompt, fair, efficient and effective manner. Vision The achievement of professionalism and excellence in the timely, effective and efficient access to, and administration of a cohesive, independent and accountable system of justice for the benefit of its Member States I Table of Contents 01 - MESSAGES Message from the Chief Justice 1 Message from the Court Administrator 4 02 - COHESIVE AND AcoUNTABLE JUSTICE SYSTEM Access to Justice 6 Effective and Efficient Case Flow Management 9 Professionalism and Excellence Through Training 16 03 - SUPPORTING THE COURT Our Human Resources 26 Our Information Resources Information Management & Delivery 26 Information and Communications Technology 31 Our Financial Resources 33 04 - COURT PERFORMANCE Overview 35 Court of Appeal 36 High Courts 44 Magistrates Courts 52 Family Courts 57 05 - THOSE WHO SERVE Court of Appeal Judges 73 High Court Judges 74 Masters 77 Administrative and Support Staff 78 II 01 MESSAGES Dame Janice M. Pereira Chief Justice The Eastern Caribbean Supreme Court is indeed ‘the people’s court’ and as such we are accountable to you the citizens of the nine Member States and Territories which we serve. We therefore embrace this opportunity to share with you the Institution’s progress in the advancement of justice during the period August 2013 to July 2014. Although the various sections of this report give detailed analyses of the Court’s operations for the period, as Chief Justice I would like to highlight a few of our achievements during the course of the year. The Court continued to work tirelessly, hearing and disposing of matters in the Magistrates Court, the High Court and the Court of Appeal. A substantial portion of this report has been dedicated to providing comprehensive statistical data on the number of matters filed and disposed of, thereby allowing for a greater appreciation of the Court’s performance for the period under review. 1 Various reform initiatives aimed at enhancing the judicial system were undertaken. High on the list is the continued development of the 4 specialized Divisions of the Court. In the Civil Division, the Civil Procedure Rules were amended on two occasions to reflect much needed adjustments to the civil procedure regime. One of the major amendments made was to facilitate the advancement of electronic filing of documents. In May 2014 the Court launched a pilot project in the Territory of the Virgin Islands for appeal documents to be filed directly to the Central Registry located at the Court’s Headquarters. This project is still in the infancy stage where teething problems are being identified and addressed. It is the hope that in the coming year the initiative can be extended to the other Member States and Territories. Plans are afoot for the replication of the Commercial Division which at present is only available in the Territory of the Virgin Islands; and work on the UNICEF-sponsored consultancy in the Family Division progressed well over the review period. A practice direction was issued in the Criminal Division, detailing the procedure for a judge to indicate, prior to the commencement of a trial or hearing in criminal proceedings, of a likely sentence a defendant might receive if he or she pleads guilty at that point in time. Practice directions were issued for Saint Lucia and St. Vincent and the Grenadines where sentence indications are currently being utilized. 2 The Eastern Caribbean“ Supreme Court is indeed ‘the people’s court’ and as such we are accountable to you the citizens of the nine Member States and Territories which we serve. ” A practice direction which details the Other projects currently being undertaken procedure for the use of the Prison Video Link are: Halls of Justice Project, the Filing Fees (PVL) in criminal proceedings conducted in Project, the Preparation of Transcript of Saint Lucia was also issued. A similar practice Proceedings Project and the Integration of direction was issued for St. Vincent and the the Magistracy. Focus will also be placed on Grenadines where it is expected that the PVL streamlining the functions of court offices. will shortly come on stream. In closing, I express my sincerest appreciation The Court continued to use technology to the Judges, Masters, Registrars and to advance its operating systems and Magistrates, as well as the staff of the Court’s procedures. One such facility is the installation Headquarters and the court offices in the of video conferencing equipment, geared to Member States and Territories, for their improve efficiency in the various Member dedicated service given throughout the States/Territories and the Court of Appeal. past year. I also thank the many persons Being an itinerant court this has assisted who served in the capacity of acting judicial greatly in facilitating the hearing of matters officers during the course of the year. remotely by Court of Appeal judges. Finally to you our readers, I thank you for The New Law Year beckons; we anticipate your continued interest in the Court. As you challenges, but we are committed to continue explore the pages of this report I hope that these initiatives which are all necessary you will be edified by its contents and that components to institutional strengthening, you will be as pleased as I am with the strides thus ensuring that the mandate of the Court made by the Court to date. is fulfilled. 3 Mr. Gregory Girard Court Administrator The year under review has not been without its challenges for the Court; however there have been many positive strides, as will be highlighted in this Report. One of the major preliminary stage, the improvements which initiatives which emanate from the diagnostic review referred commenced to earlier will facilitate a more effective during this evaluation of our performance in the areas past year, of Court Excellence, and better place us to and which is implement measures for improvement. anticipated will continue into the A number of the initiatives which the Court next reporting has embarked upon in the past years, and period is a diagnostic review of the Court’s more specifically in the year under review, fit operations utilizing the McKinsey 7S in the different areas of the Court Excellence Model of Organizational Effectiveness. Framework. The diagnosis focused on the Institution’s Strategy, Structure, Systems, Skills, Staff, The review of the procedural rules in the Style, and Shared Values. Criminal and Civil jurisdictions has made improvements in court proceedings and This is an essential activity which will not processes. The introduction of the e-filing only assist with making improvements at pilot project in the Territory of the Virgin the Court’s Headquarters in Saint Lucia Islands will work towards making the Court but will also begin to chart the way for more accessible to attorneys and facilitate improvements to be made in court offices more effective management of court in the Member States and Territories. resources. The introduction of the Master The Court has essentially agreed to review for the Criminal Division in Saint Lucia will its performance in the seven areas of Court facilitate the Criminal Division Judge being Excellence which has been developed able to conduct more trials and thereby help by the International Framework for Court to reduce the number of prisoners who are Excellence. Although this exercise is at a very remanded in custody awaiting their trials. 4 The technological advances with the The use of the digital audio recording provides utilization of video conferencing an avenue for the record to be prepared in and recording of court proceedings by a more timely manner. A pilot activity has digital means are also significant. Video commenced with two Member States to conferencing enables better management develop this initiative. of the Court’s and the States’ resources as witnesses no longer have to be physically In the area of Court Performance, this report present to provide their testimony; and introduces a new measure which presents prisoners do not have to be transported the number of pending cases in the system. from the secure prison facility every time While it is acknowledged that this data is their appearance in court is necessary. Trials not completely accurate, it is felt that this can be conducted with parties in different information is important and it is introduced Member States which has the added benefit at this stage to merely note that this is what of making the Court more accessible. the data presently reveals. In the next year an activity will be embarked upon to correct One of the major factors which delays court the data so that by the time of the next proceedings, particularly matters which publication of the Courts’ Annual Report the appeal a decision of the High Court Judge or figures presented will be accurate. Magistrate, is the preparation of the transcripts. 5 COHESIVE AND ACCOUNTABLE JUSTICE SYSTEM Access to Justice Democracy decrees access to justice as a fundamental right for every individual. The Rt. Hon. Beverley McLachlin, P.C., Chief Justice of Canada noted that, “The most advanced justice system in the world is a failure if it does not provide justice to the people it is meant to serve. Access to justice is therefore critical”. Equal access 02 to justice is ingrained in the mission of the Eastern Caribbean Supreme Court; and it is in this regard that the following activities were engaged in during the year under review. Criminal Division A review of the Criminal Procedure Rules by the Hon. Chief Justice also reviewed other was conducted with a view to amend certain legislative provisions and rules necessary to provisions to facilitate the introduction of the give effect to this change.