Eastern Caribbean Supreme Court annual report 2004 - 2005 Anguilla . Antigua and Barbuda . The British Virgin Islands . The Commonwealth of Dominica . Grenada . Montserrat . Saint Kitts and Nevis . Saint Lucia . Saint Vincent and the Grenadines mission statement 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 statement 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. 2 table of contents ______________________________ Message by the Honourable Chief Justice [Ag.] 7 Eastern Caribbean Judicial System 11 Members of the Judiciary 13 The Court Structures Project 19 Court of Appeal 25 Judicial Clerkship 27 Legal Internship 28 Judicial and Legal Services Commission 31 Information and Communication Technology Developments 32 Mediation 36 Judicial Education Institute 40 Funding of the Judiciary 45 Grenada: Effects of Hurricane Ivan 49 Court Productivity 51 Appendix 76 3 THE HONOURABLE CHIEF JUSTICE (Ag.) BRIAN G.K. ALLEYNE, SC 4 Message By The Honourable Chief Justice (Ag.) As we end another year of activities we once note in particular the devastation wrought provide appropriate physical space and again have to report the departure from our by Hurricane Ivan to Grenada in September accommodation for the conduct of Court of another giant, in the person of last year, resulting in, among other things, mediation, but hopefully this problem will Justice of Appeal and Acting Chief Justice severe damage to the principal High Court be resolved soon where accommodation has until his resignation, Adrian Saunders, who building and Judge’s Chambers, one of the not yet been provided. We take this has been elevated to the Bench of the houses serving as Judge’s Residence, and opportunity to publicly express our Highest Court in the region, the Caribbean Magistrates Courts throughout the country. condolences to our Mediation Consultant Court of Justice. Justice Saunders is We are aware that the homes of some of the Mrs. Debra Mendes-Bowen and family on uniquely qualified by his experience and Magistrates also suffered extensive damage the untimely passing of her late husband. service on the Bench of our Court, for as a result of the hurricane. Nevertheless, service on this other regional Court, and will we are heartened by the fact that The Criminal Reform project involves a Pilot bring a wealth of knowledge and experience immediately after the hurricane, all judicial Project in Saint Lucia for the establishment from serving on and leading this Court, into officers were at work, preparing their of a Criminal Division, integrating the the development of the new Court. I have courtrooms for service to the public, and criminal jurisdiction of the First District no doubt whatever that the experience he within a matter of days most courts were in Court and the criminal jurisdiction of the gained serving the Eastern Caribbean operation delivering judicial service to the High Court, under a unified administrative Supreme Court will be an invaluable public. structure, with new procedures for the resource for the Caribbean Court of Justice management of summary and indictable as they develop their rules, procedures and We highly commend our Judges, criminal trials. It is hoped that by protocols for the conduct of business. Magistrates, and Registry and Court staffs eliminating preliminary inquiries and for their dedication and self-sacrificing replacing them with more efficient and We sorely miss the wisdom, experience, attention to their duties. I may mention that effective case management procedures and intellectual strength and integrity of Justice following Hurricane Ivan, staff at the Court interventions, including sufficiency hearings, Saunders. At the same time, we welcome headquarters office organised a fund to diversion orders and disclosure orders, the onto our Appeal Bench two other which judges and staff throughout the effective pace of disposition can be outstanding jurists, Justices of Appeal jurisdiction of the Court contributed considerably accelerated, the delays Denys Barrow, from Belize, and Justice of generously to assist members of the staff of eliminated and the backlog problem Appeal Hugh Rawlins of Saint Kitts and the High Court Registry in Grenada who effectively tackled. We look forward to Nevis, both of whom bring their own had suffered loss or were in need due to the ‘rolling out’ the criminal reforms to the unique skills and qualities to our Court. I hurricane. In addition, a request for other countries following successful feel confident that their scholarly attributes assistance for contributions from the private implementation in Saint Lucia. and their dedication to hard work and to bar was received favourably and these judicial excellence will enhance the work of contributions were included in the relief We are awaiting word from the Government this Court. All of these developments, of effort. At the end of June 2005 all the funds of the British Virgin Islands before we can course, mean that there will also be new had been disbursed to the affected staff at move forward with the plans for appointments to our High Court Bench, and the Registry and the account was closed. establishing a Commercial Division, and I take great pleasure in announcing the with regard to the Family Division, we have appointment of, and welcoming onto our The reform project in the High Court held preliminary discussions on the way High Court Bench, Justice Sandra Mason, continues apace, and we can report that the forward, and will be hoping to make some Q.C., former Registrar of the Supreme Court Civil Reform process has been to a large progress in the New Law Year. of Barbados, who joins Madame Justice extent successfully implemented. The Civil Gertel Thom, former Attorney-General of Procedure Rules have shown significant The Court continued its drive towards Antigua and Barbuda, who was elevated to results in expediting the disposition of civil utilization of judicial education as a tool to the Bench earlier in the Law Year following cases in the High Court and Court of improve the quality of service to the public, the retirement of the distinguished jurist Appeal, and to the extent that the mediation by hosting a number of workshops and Madame Justice Suzie d’Auvergne last programme has been successfully seminars. October. implemented, there has been much success in settling matters and saving the litigants In addition there were two important The past year has been a very active one, costs. The mediation programme has had exchanges which had a significant impact on and has not been without its hardships. We its drawbacks, largely due to the failure to the Judicial Education Institute. First, the 5 Court in collaboration with the United The use of technology continues to be a States Department of Justice and the United major part of the reform, and there have Although this activity falls out of the States Embassy (Barbados) organized a been several developments in this area. One reporting period (1st August 2004 – 31st July judicial exchange with Judge Janet Bond main area worthy of mention is the 2005), I am pleased to report that we held Arterton of the Unites States of America in establishment of a Court Reporting Unit in three very important activities at the November 2004. The main purpose of the the Member State of Saint Lucia. This Unit beginning of August 2005, a two-day exchange was to share ideas and enable the currently has five trained Computer Aided Judicial Conference involving all the Judges two judiciaries to learn from each other. Transcription (CAT) Reporters and four in the jurisdiction, as well as some guest trained transcriptionists. Most of the staff in Judges; a one-day Joint Conference of the Also, in March 2005, His Lordship, the the Unit was trained by the BVI Academy of Judges and Registrars and Deputy Honourable Sidney Lederman, a Judge of Court Reporting which is operated by Ms. Registrars, and a one-day Conference of the the Superior Court of Justice in Ontario, Janice Stoutt. I must take the opportunity to Registrars and Deputy Registrars. These Canada, undertook a four-week working thank the Government of Saint Lucia for were held under the auspices of the Judicial judicial exchange visit to the Court focusing their continued support in improving the Education Institute of the Eastern Caribbean on areas which relate to the better justice system which is exemplified in this Supreme Court, and were part of our organization of the Institute. During the last instance by the establishment of this new continuing judicial education activities. All week of his visit, Justice Lederman Unit. The Court has started to work on participants commented very favourably on participated in an actual judicial education providing assistance to the other Member the Conferences. Further details of this activity, the Prosecutors Workshop, which States where persons trained in the use of activity are provided in the section on was conducted in the British Virgin Islands. CAT technology have returned, so that the Judicial Education. technology can be effectively used there. The Court has successfully completed the The Court continues in its efforts to improve mediation activity replication which The Court was privileged to be invited to the quality of justice for the citizens of the commenced in January 2004. All Member participate in the First International different Member States and Territories in States and Territories now have trained Conference on Court Administration which the jurisdiction, having completed a hectic mediators and are ready to conduct was held in Ljubljana, Slovenia, in and exciting year and looks forward to the mediation sessions which, based upon the September 2004.