Justice in VI tipped in favour of big business- Ms Dancia Penn
This, the lamentation of eminent Virgin Islander and former Deputy Governor, Deputy Premier and Attorney General, Honourable, R. Dancia Penn-Sallah, when she penned a written submission to the United Kingdom’s (UK) Parliamentary Special Committee—currently reviewing the relationship between that country and its Overseas Territories.
The former lawmaker, in her submission—submitted in September last—complained that the judicial system in the VI is not as robust and balanced as it should be.
Perception
“There are issues of access to justice especially by ordinary citizens and, delays in the delivery of justice as well as inequalities in the system… There is at least a perception that there are two standards of justice with the scales tipped in favour of the Commercial Division of the Eastern Caribbean Supreme Court, as opposed to the ordinary Civil and Criminal Divisions of the High Court.”
The former VI Deputy Premier posited that, “one appreciates the economic reasons for the rapid re-establishment of the Commercial Court after Hurricane Irma in September, 2017” and noted that “within a few days, arrangements were made for the relocation and ongoing functioning of the Commercial Division of the Court.”
She informed the UK Committee however, “…it was only in November (2017) that arrangements were made for the holding of a Case Management Conference for High Court Civil Matters.”
She said, arrangements were made in respect of Criminal Cases, including those of persons awaiting trial on indictment, at some time later.
Similarly, there were delays in the handling of matters in the Magistrate’s Courts, “and to date several matters scheduled at the time of the Hurricanes in September, 2017 remain unheard.”
According to the former lawmaker, “there appears (also) not to be sufficient of recognition of the importance of the civil and criminal justice systems to the rule of law and the functioning of a democracy.”
Ad Hoc
She highlighted for the UK Parliamentary Committee that the developing trend of several ad hoc and short term appointments of private legal practitioners as judges and the integral involvement of select members of the legal profession and Ministers of Government in these appointments, “also has implications, real and perceived, for the independence of the judiciary as an institution, and ultimately for the rule of law.”
In addition, persons charged with criminal offences at times experience long delays in being brought to trial and Legal Aid is not always available.
The learned Attorney-at-Law, also bemoaned the fact persons charged on indictment in the High Court continue to be tried under a very outdated Jury Act, “notwithstanding the fact that it has been found to be unconstitutional by Courts.”
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