Remarks
By
Senator The Hon. Z. C. Allyson Maynard Gibson
Qc
Attorney General And Minister Of Legal Affairs
At A
Special Sitting Of The Court Of Appeal To Mark
The Opening Of The Legal Year 2015 And To Report On Its Work During 2014
Thursday
29 January, 2015
“Access to justice
implies a responsive decision by the judiciary within a reasonable time and
cost. People expect they can turn to the legal system for a resolution. They
are ‘hard-wired’ for justice. Access to justice affirms the rule of law, and
promotes social stability.” Chief Justice Beverley McLaughlin
Madam President I recall that at a Special Sitting last year
the opportunity was provided to thank Justices of Appeal Christopher Blackman
and Stanley John and to welcome Justice of Appeal Jon Isaacs.
As we hold this annual special sitting in this new Court
today, I thank you Madam President for being a visionary purpose driven
Christian leader who recognizes the importance of the message in Habakkuk 2:2.
You know that the Holy Spirit works through this Court as it pursues Justice –
a spiritual concept – God’s work.
From day one Madam President you recognized the need to re-establish
healthy respect for the justice system. I recall sentiments such as “civility
has been restored” and “Courtesy, cooperation and respect between Judges and
between Bench and Bar has been completely restored”. You recognizethat an
harmonious relationship between all stakeholders in the administration of
justice is critically important to our national development.
The careers of the members of this Court have been marked,
among other things, by the pursuit of efficiency and accountability. This Court
continues its trailblazing use of modern technology. I especially mention the Court’s user friendly
website; the online posting of the Court’s calendar so that everyone knows the
business being conducted; the timely posting of its Rulings andJudgments (the
interpretation of which is aided by helpful headnotes); and annual setting of new
records for number of matters disposed of by this Court. The Court’s recent
practice direction that mandates representatives to point to sections of transcripts
to be used will discontinue the wasteful practice of unnecessary copying transcripts(some
hundreds of pages long).In recognition of the value of the Court of Appeal’s
time that was disproportionately being used by such appeals, the Courtrepeatedly
called for the revocation of the law on mandatory minimums. And recognizing the
need for accused persons to be properly represented, this Court never ceased
calling for an office of the public defender. Indubitably time saved the result
of implementing these measures will lead to the timely disposition of even more
matters.
Today, this Court, the final appellate Court for most litigantsin
The Bahamas, sits in beautiful, well designed,new, state of the art accommodations-
another part of the vision enunciated by Madam President.
Madam President I note and thank this Court for enhancing its
school outreach program that has redefined “access to justice”. I believe that
time will show that the personal “access” that this Court has given scores if
not hundreds of young Bahamians (including in the Family Islands) at critical
stages in their personal development
has life changing impact.
It is clear that this Court understands its role in“affirming
the rule of law, and promoting social stability.” It is also clear that in the
forefront of this Court’s mind is the need to provide “responsive decisions by
the judiciary within a reasonable time and cost”. It is also clear that this Court
understands what Baron Bingham of Cornhill called the “Business of Judging”.
The respect and high esteem in which this Court is held is
the result of visionary leadership and hard work of the Justices of Appeal. The
modern and businesslike manner in which this Court works and the outer beauty
of its accommodations have earned Regional respect and causesBahamians to lift
our heads even higher to the rising sun. The manner in which this Courtworks
positively impacts the national psyche.
It is my hope and prayer that all involved in the
administration of justice will follow the example set by this Court. For litigants, the justice system is a unified
whole. This Court continues to demonstrate that efficiency, transparency and
accountability are attainable goals that the public have the right to expect of
its judges. “When justice is done, it is a joy to the righteous but terror to
evildoers” – Proverbs 21v15.
The Office of the Attorney General will continue its efforts
to improve efficiency, transparency and accountability. Among other things, we will continue to post
on our website the VBI’s that have been presented and the outcomes of arraignments,
bail applications and trials. I thank my Team at the Office of the Attorney
General and Ministry of Legal Affairs led by the Permanent Secretary, the
Director of Legal Affairs and the Actg. Director of Public Prosecutions. I also
thank my Consultants Loren Klein, Cleopatra Christie and BernisPinder.
The updated Laws on Line website is being tested. Effective
2015 laws will be posted chronologically within a short period after Assent.
Also in 2015 we expect to complete a consolidation exercise current to 2014.
Madam President may I point to some examples set by this Court
that we hope other Courts in 2015 will follow:
·
Starting
Court on time
·
Effective
use of technology – I hope that serious consideration will be given to holding
case management hearings and appointments to settle the record by
videoconference and to insistence that documents be exchanged in digital
format.
·
The
Production of an Annual Report to account for the Court’s performance. The
public has the right to consider whether its investment in the justice system
is producing effective results, including the timely delivery of Judgments.How
can justice be done when Judges take more than 3 years to deliver Judgments?
Bahamians are entitled to expect that justice being done and
seen to be done – in the most efficient and cost effective manner - is the
central focus of all of our efforts. I return to the fine example set by this Court
and in doing so hope that it will also inspire citizens to acknowledge and
accept their role as stakeholders in our justice system.
Madam President the Executive thanks this Court for its
leadership in embracing change and modern methods so that respect for the Rule
of Law is manifest in The Bahamas. We thank you in advance for your continued support
in assuring the same efficiencies throughout the entire Justice System.
Madam President, My Lords, as the world marks the manner of
your bearing, may God continue to richly bless your deliberations and imbue all
of the Bench with the gifts of wisdom, discernment and good health.