Lawyers hope for funds to overhaul inadequate courts
When the PLP's first budget is unveiled today, the Island's lawyers are hoping there will be some indication that Government is ready to completely overhaul the Island's shoddy courts.
The situation has become so dire that the parties involved in two major commercial cases due to be heard this summer were forced to spend $270,000 refurbishing Booth Memorial Hall and create two court rooms.
"It's an embarrassing situation,'' Bermuda Bar Association president Narinder Hargun said in an interview.
The refurbished facility on Court Street will house the upcoming high-profile Supreme Court trials of the Thyssen-Bornemisza family who are fighting over control of $2.8 billion of assets in a Bermuda-based trust. In the other action the liquidators of Bermuda Fire & Marine Insurance Co. Ltd. are suing for the return of shares in BF&M Insurance Co. Ltd.
Both the PLP and the UBP have supported a refurbishment of the courts but nothing has been done, Mr. Hargun said.
Lawyers hope for new courtrooms The time has come to take the long term view and allocate money for a new facility that will house Supreme and Magistrates' courts under one roof.
The cost of such a facility could run into the millions of dollars he acknowledges. Currently two of Bermuda's Supreme Court rooms are located at the Sessions House, while a third is at the Supreme Court Registry.
Magistrates' Court is located near Session's House.
"The court facilities are substandard and inadequate,'' he said. "The Bar Council considers that these proposals are justified because adequate court facilities are one of the basic services that any government should provide for citizens and secondly we advertise Bermuda in terms of Bermuda business and terms of adequate infrastructure for dispute resolution.'' Because of a lack of space pre-trial hearings in the Thyssen-Bornemisza case was located at Cathedral Hall on Church Street. That case is expected to last six months while the Bermuda Fire action is expected to run for four months.
A system of court reporting to replace judges' notetaking is also needed, he said.
Mr. Hargun said the lawyers were encouraged that the PLP Government had promised in the Throne Speech and in the election platform to address the complaints over Bermuda's court facilities.
"We encourage the Government to take the longer term view,'' he said. "What is required is a purpose-built facility.'' The problem however is that three Ministries are responsible for getting any such project underway.
"We encourage the Government to designate one minister to deal with the problem,'' Mr. Hargun said.
Government recently hired Denis Mitchell, a former Hong Kong Queen's Counsel with commercial law experience, as Puisne Judge in Supreme Court. The Supreme Court is currently looking to hire an additional assistant justice to help out with the cases.
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