New court system helps beat backlog
three court rooms mostly empty and trial lawyers behind their desks.
The number of cases being tried each month is now less than half of what it was two years ago when the backlog was at its worst, senior Crown counsel Mr.
Barrie Meade disclosed yesterday.
Mr. Meade said he believed the new system of setting down trials and more people pleading guilty had helped clear the backlog.
Top criminal lawyers agreed, pointing out there had been notably less drug trials.
Mr. Richard Hector said it was possible "draconian penalties'' handed down to convicted drug traffickers were deterring others from getting into the trade.
"There are certainly not as many significant cases as there were before,'' he said. "Maybe people are committing less crimes or they are not getting caught. But it is a happy position for the courts and people are getting speedier trials.'' Mr. Hector said the lack of lengthy trials had not affected his business any more than the recession had.
"I'm just doing different work and at my desk more,'' he said. The lawyer said the recession may also be a reason for more people pleading guilty.
"They can't afford a lawyer so they just plead guilty,'' he said.
Lawyer Mr. Tim Marshall said the clearing of the backlog was "a direct result'' of Chief Justice the Hon. Sir James Astwood's implementation of the "warning list'' system.
"It has resulted in a very efficient Supreme Court,'' he said. Also noting there were less drug trials, Mr. Marshall said less people may be committing drug offences -- or drug traffickers were getting more resourceful.
"There are plenty of civil cases and drug users and addicts in Magistrates' Court, but the big fish are just not coming to court,'' he said. Mr. Meade said that at one point as many as eight to 10 cases were being tried each month.
Last year there were 29 cases waiting to be tried with 54 new cases arising, he said.
But so far this year there had been just seven trials with an average of about two a month set down for the rest of the year.
Supreme Court registrar Mr. Kenneth Brown said the clearing was also due to his staff moving to much larger offices.
"The working conditions are more pleasant causing better staff morale and making it easier and quicker to process papers,'' Mr. Brown said.
Describing the new system, Mr. Brown said people were no longer given exact trial dates but put on a "warning list''.
"If someone is put on the warning list for the coming month they must be prepared to stand trial at any time during that month,'' he said.
He added if a defendant was not prepared they would have to have a very good reason in order to get an adjournment.
"Cases were being adjourned all the time before, but now the courts are stricter and judges are taking a stronger line on adjournments,'' he said.
"Ant it certainly helps that they are not rolling them over month to month, but giving them a fixed date to stick to. It is also a fact that the number of people pleading guilty is higher than it was.'' Mr. Meade said the backlog got so bad that when a person was indicted and arraigned in June it was October or even later before they were tried.
"We were quite badly backed up until the middle of 1991. But we got a grip on the situation and we have been in this present happy situation for about a year,'' he said.
Mr. Meade said the clearing of the backlog ensured those charged with crimes were given speedier, and thus fairer, trials.
"It's good for everyone, the defendant and the prosecution,'' he said.