Bermuda Bar calls for swift action to clear court backlogs
Bermuda Bar Association President Richard Hector yesterday called for judges to be swiftly appointed to deal with the backlog of court cases.
Mr. Hector spoke out after another trial was again delayed this week because of a shortage of judges and confusion about whether a jury should attend.
Last week Chief Justice Austin Ward was the only judge sitting at Supreme Court because two of his staff were on holiday and the contracts of assistant justices Charles Etta-Simmons and Philip Storr had come to an end.
Mr. Hector said there was a real concern among lawyers that justice was not being served because the shortage of trial judges was resulting in significant delays to trials.
According to Government Information Services, a full complement of four judges is sitting at Supreme Court this week.
Mr. Hector said it was vital that new judges be appointed soon, but he stressed that they must be competent.
He told The Royal Gazette : "There is a need for certainty when people can get cases done, by having judges available and court time available.
"This is a very serious business. The authorities -- the Governor and the Government -- have to be serious about dealing with matters of justice.
"They have to appoint judges who are competent enough and available to do cases. That's what they need to do and they know they need to do this.
"I read the Attorney General was saying there would be a constitutional amendment for additional judges being appointed and I was quite pleased.
"We need competent judges. However they are appointed, they should be competent.'' When asked if Bermuda should look overseas to deal with the staffing crisis, he said: "If they are advertised and local people are interested and the wages are acceptable, we may have people applying.'' Responsibility for appointing judges rests with Governor Thorold Masefield, acting on advice from Mr. Justice Ward. The Foreign and Commonwealth Office must approve the appointments.
Attorney General Dame Lois Browne Evans said on Monday she was hoping to set up meetings with Mr. Justice Ward and the Governor shortly to try to secure two new judges.
She said she hoped to raise the number of Supreme Court judges from four to five and to appoint another judge to the Court of Appeal.
Dame Lois said Mr. Justice Ward and President of the Court of Appeal Sir James Astwood had asked for extra judges but this had been put on hold because of the civil service review.
But she said there was nothing -- except permission from the Ministry of Finance -- to stop the Chief Justice from appointing assistant justices.
At Supreme Court yesterday the trial of two Hamilton Parish defendants accused of importing heroin more than two years ago was delayed again.
The trial of Tyrone Calvin Simmons, 27, and Shadonna Kelly, 20, both of Cottage Hill Road, was originally supposed to be given priority on August 14.
The trial was delayed on Monday because there was no judge.
Yesterday, due to confusion about whether a jury which had finished another trial should be transferred over for this case, Mr. Justice Ward adjourned the case until November 1 for mention for a trial date.
The pair deny importing heroin on March 16 1998 and possession with intent to supply. Simmons is also charged with handling the drug.
Simmons' barrister Victoria Pearman said yesterday: "Justice delayed is justice denied.''