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Greaves has quickened the pace of justice

Acting Senior Magistrate Carlisle Greaves
Complaints abound that the wheels of justice grind too slowly in Bermuda.But don't accuse Acting Senior Magistrate Carlisle Greaves of being to blame.Under his watch, plea court sessions which used to stretch into the afternoon now rarely exceed an hour, tedious traffic court sessions often take just 40 minutes and indictable offences get sent through to Supreme Court at double-quick time.

Complaints abound that the wheels of justice grind too slowly in Bermuda.

But don't accuse Acting Senior Magistrate Carlisle Greaves of being to blame.

Under his watch, plea court sessions which used to stretch into the afternoon now rarely exceed an hour, tedious traffic court sessions often take just 40 minutes and indictable offences get sent through to Supreme Court at double-quick time.

It's no surprise as time management has been a big part of Mr. Greaves' career from being a prosecutor in his native Barbados.

And despite reining in preliminary inquiries which have come under fire from prosecutors and defence lawyers alike Mr. Greaves, 48, said legislation should be changed just in case the Magistrates' Court returns to its old ways when he eventually moves on.

The inquiries, held at the request of the defence to establish if there is a case to answer, have been blamed for creating delays in getting cases moved on to Supreme Court.

But Mr. Greaves has been stung by the criticism after personally taking charge of all such hearings in January, 2003.

“I thought they were too slow.”

The results of his intervention were instantly evident. “In the February, 2003 session there were 17 or 19 committals which I understand was a record.”

“At Magistrates' Court level we have no delay, absolutely no delay of cases before us, especially indictable matters.

“The cases have been flowing out from Magistrates' Court to Supreme Court at such speed that that might have helped caused a backlog there.”

Before he began, PIs could take weeks, but after he got a grip no more than three have gone beyond an afternoon.

Under attack are the long form PIs where lawyers inquire into the case and the Magistrate determines whether to indict it or dismiss it.

“It's not a fishing expedition for lawyers to try to find out something they might not otherwise find out. It's not a testing ground to find out what witnesses look and sound like.

“It's not a trial for anyone to get evidence above the standard of the prima facie. Any lawyer can spot very quickly whether there is a prima facie case or not.

“Sometimes too much time is used up for very little gain. Perhaps 99 percent of the time there will be a committal, you have just done the same thing twice.”

Identification issues can be quickly sorted out, said Mr. Greaves.

“For example a robbery, you only need one witness, the victim in many cases.

“Justice delayed is justice denied. I believe very strongly we have to get matters out of Magistrates' Court as fast as possible.

“I would support those who call for the abolition of the long form.

“We know what the past was like. We could very well revert. Who knows? I am not going to be sitting here all the time. Magistrates have different styles.”

He estimated 98 percent of the indictable matters were dealt with in short form PI which are paper committals in which documents are lodged with the Magistrate who automatically refers the case up without reading them.

There are also short form PIs with submissions which require the Magistrate to read the papers.

“That is the form that is ready to be used if there is an abolition of the long form.”

His reforms have had full backing from Police who are serving papers quicker as well as prosecutors and the defence bar who have co-operated with each other, said Mr. Greaves.

“Even my three clerks have responded with such zeal. They even work weekends sometimes to get the PIs quickly dealt with.”

Defence lawyers had been supportive. “One of the reasons they now choose the short form PIs so much is that long form PIs are no longer long form.”

The few long form PIs are held every Monday afternoon. Having a set date concentrates lawyers mind notes Mr. Greaves.

Short forms are set for every Friday afternoon - not a popular choice for lawyers fancying an early finish to their week but another step in getting court business flowing.

To back his argument that matters are moving quicker he noted there were 40 indictable matters currently on the books but only one is set for March 1 because the lawyers are involved in the long-running murder trial.

The rest will be dealt with next month. Only five will be dealt with in long form.

It's an approach dear to his heart having sent a record number of long form PIs to the higher court per quarter in his native Barbados before moving to Bermuda.

In keeping with running a tight ship mention dates have been set for Wednesdays. “It gives everybody a mind set. They don't have to waste time coming here everyday.”

As a result Police are serving documents at that deadline.

“It puts a subtle pressure on the Police and the DPP to get papers ready, you will find there is a more efficient, timely serving of papers.”

“You can have the papers served Wednesday and the PI done on Friday.”

Plea court sessions are over within the hour while and traffic court hearings go at a cracking pace.

He told The Royal Gazetteon Friday: “I remember when traffic court used to run ‘til five o'clock, six o'clock with everyone getting agitated.

“Since I have been running traffic court it averages about 40 minutes. Today we did 105 cases.”

Within 25 minutes all the names had been called. After a second call for latecomers the session ended 40 minutes after it started.

With new legislation promised to end court dates for minor traffic offences in favour of on-the-spot fines, extra court time will allow even speedier trials hopes Mr. Greaves.

“To my mind plea court must be over by 11 o'clock. It doesn't matter whether it is 15 people or 150 people, I am going to pace myself according to that time set.

“Plea court used to run to lunchtime. I was able to get plea court to finish by 11 o'clock, as a result of that I was able to put another trial between plea court and lunchtime, probably one of the more serious traffic cases.

“It's matter of what works.”

Time budgeting for trials has also reduced time waiting for cases to be heard.

Each of the three Magistrates is required to do a maximum of three trials a day at set times every day.

Long gone is the time where days were budgeted for trials which then collapsed and left a hole in the diary.

“Any court in the world which can guarantee a trial within three months of his first appearance is doing very well.”

Here trials were mostly being held within a month, said Mr. Greaves.

Dedicated probation reviews every month introduced in the last year have paid dividends he said.

Run along similar lines to the drug court models, the system features conferences between probation officers, prosecutors and defence counsellors before the hearing.

And just like drug court, it's based on a system of rewards and sanctions for those in the dock, the latter includes community service, curfews and even short remands.

“They know every month they have to face the court unless they have been on good behaviour. It's brought a lot of positive results.

“I think we have seen a substantial reduction in the delinquency of probationers. We should see a reduction in breach of probation orders.

“This is good for country. It also keeps probation officers on their toes.”

After a period of inactivity the TV screen which links Magistrates' Court One to Westgate is getting a lot of use now for mentions, which are every two weeks for those on remand.

The system was set up to end the need to bring every prisoner from Dockyard to town just for a hearing which could be over in seconds.

“It had gone into some abeyance for a while but a few weeks ago we reactivated it. We had a session where there was so many people here we really had to back to using the TV.

“It's been very effective. Some of the people in custody have been able to use the TV and select their lawyer right there, you can see who's in the court.”

At the moment it is up to the prisoner to opt to come to court or talk to it via the TV but Mr. Greaves said this could change.

“I heard there could be a move to change the legislation to remove that option.”

But already many prisoners enjoyed the TV interaction said Mr. Greaves.

Changes can often ruffle a few feathers but Mr. Greaves claims despite his radical reforms court sessions are increasingly cordial among legal protagonists.

“The atmosphere is such that everyone wants to just get along. You don't see the bench and bar fighting. You see us making fun of each other.

“The prosecution and defence have a banter with each other. Exchanges which make the atmosphere more cordial and co-operative.”

Tomorrow: Shadow Attorney General Trevor Moniz