Legal system lacking, says new lawyer
An engineer-turned-lawyer has called on Bermuda to build a more efficient legal system.
David Morley -- just called to the Bar -- told Supreme Court: "Bermuda is a great country with tremendous potential.'' But he warned: "In some respects the judicial system is holding it back.'' He said that a lack of investment in computerising decisions of the Supreme Court could damage Bermuda's image as a premier financial centre.
And he added that the court system is creaking under the strain due to lack of funding while access to justice irrespective of income needed to be reinforced.
The hard-hitting speech at what is normally a formal occasion caused consternation in court.
A clearly annoyed Puisne Judge Richard Ground -- the chairman of the Legal Aid Board -- told Mr. Morley that a call to the Bar was not an appropriate forum to criticise the justice system. But Mr. Morley, a corporate and commercial lawyer with Milligan-Whyte and Smith -- was unrepentant.
He admitted: "I had second thoughts about it. I was initially going to deliver a brief acknowledgment to people in the office, family, friends and my professors in law school.
"But as a newly-called member of the Bar, you need a public forum and as a company lawyer, you don't get many public forums.'' He added: "If I was to add anything to what I said, I'd like to see an end to the right of access of overseas Queen's Counsel in Bermuda's courts.
"It might have been appropriate 30 years ago when there perhaps weren't Bermudian litigators who were available or very able.
"The fact that a QC from London can come and litigate all the most serious corporate and criminal cases is a tremendous disincentive for our locally-based lawyers -- it also adds to the expense and it's uneccessary.'' Mr. Morley told Mr. Justice Ground on Friday: "Our legal reporting system needs improvement.
"It's unacceptable that the decisions of the Supreme Court and the Court of Appeal aren't published or reported in any systematic way.
Mr. Morley added that the system for recording financial claims against companies also needed an overhaul.
He said: "For companies searching the Register of Charges maintained by the Registrar of Companies, the fact that the records are not searchable by computer makes the process expensive, time-consuming and of uncertain value.
"The Record Book of the Supreme Court ought to be searchable by computer. If Bermuda aspires to be a leading centre for international business, these records need to be more accessible.'' He added that recent legal rows over people being taken to court over time-barred parking tickets underlined the need for more cash to be pumped into the court system.
Mr. Morley said: "Insufficient resources are allocated to the administration of justice. Judges and Magistrates can't do their jobs alone.'' He added that there had been only "a handful of cases'' on civil liberties and human rights decided under the Bermuda Constitution, although the Constitution will be 30 years old next year.
"Does this mean there is no discrimination in Bermuda,'' he asked. "More likely it demonstrates that individuals can't afford representation.
"For persons charged with criminal offences, the current year's deficit of $569,000 in the Legal Aid system highlights this same problem.''