The slow wheels of justice in Trinidad and Tobago

According to Prime Minister Dr Keith Rowley, despite the various resources and priority accorded to the judicial system, there has been a visible deceleration of justice in Trinidad and Tobago. He said the delivery of justice in Trinidad and Tobago is unacceptably slow. Prime minister for seven years, he has given the judiciary priority, pumping hundreds of millions of dollars in resources, and added additional space and courts and even increased the numbers of judges, and cut hundreds of thousands of cases from the system. Although all these measures have been taken, there is little sign of any acceleration of justice on the island. 

According to the prime minister, these delays are unfair to people who were languishing in Remand Yard Prison for years waiting for their day in court, even though the Cabinet has done everything it can to facilitate the mobilization of justice. There is something wrong somewhere. The delay in the system is so shockingly abhorrent, the state is being taken to court as the prosecutor is going to court to ask for an extension on a matter that has been languishing for several years. The criminals are using the process to delay their trials, especially if their matter is weak, and the state comes up to ask for an extension. It’s even shocking when magistrates say the matter must go on because it is something that doesn’t happen often.

To give an example, there’s a matter that has been in preliminary hearings for over 20 years. This delay in justice in Trinidad and Tobago is hurting us in more ways than one and we have to find a way to curtail it.

Inequality, discrimination and exclusion remain severe obstacles to universal sustainable development. Unfortunately, COVID-19 has exacerbated this development deficit and challenged the aspiration of access to justice for all. People living in poverty and marginalized groups may not be aware of their legal rights and often lack legal protection and access to mechanisms to remedy their grievances, resulting in increased vulnerability. Because cases are so severely delayed, the long-term effect on the lives of victims, their families and communities, impedes societal progress and rehabilitation.

Another important facet of this problem is that all jurisdictions face a backlog of cases – particularly the criminal division – is one of the most challenging issues. The reasons for the backlogs are multifaceted and include, primarily, the slow pace of investigations by the police, inordinate delays in production of depositions, and lack of human and technological resources.

The main consequence of the backlog is a failure to provide accessible, fair and efficient justice for the people and their communities. Then there is the overuse of pre-trial detention because of a lack of alternative pre-trial options, causing not only a slow judiciary process but, most importantly, causing a due process violation that needs to be addressed. 

In terms of the quality of judicial services provided to the public, there are significant areas in which public perception may be negatively affected. Important improvements are necessary in order for the justice system to provide timely, consistent, responsive and transparent services. But, has the government taken enough steps to improve the administration of justice? 

There needs to be legislative reform with upgrades to strengthen institutional capacities of the range of justice institutions, and professional development for employees. In addition, special courts such as drug, family, juvenile, and sexual offences courts with effective and timely enforcement are needed. 

What would be effective is for us to have case management process prior to and during trials and more use of technology such as automated court case management systems to increase efficiency. These improvements have showed to be more successful in the area of civil law, where stakeholders confirmed that backlogs have been substantially reduced. 

Of course, these are only a few steps in the right direction. However, more needs to be done to end the cycle of repeated ineffectiveness not only for the judicial system but also in our communities. 

Subrina Hall-Azih is a Trinidadian Educator residing in New York.