Judicial backlog a problem not only in Guyana – Professor Hamilton

– AG says govt taking steps to enhance justice system.

By Michael Younge –

University of London Law Professor Jenny Hamilton said the challenges which arise as a result of having to deal with a backlog of cases in the judicial and a relatively slow justice system are not unique to Guyana or the wider Caribbean.
Dr Hamilton was at the time speaking during an exclusive interview with Guyana Times International while on a business visit to Guyana to shed more light on the University of London’s relationship with Nations University to provide its law degree programme to Guyanese at an affordable cost and on flexible terms.
Access to justice
“I think this is an issue that is not peculiar to Guyana. It affects just about every other country in the world. In the United Kingdom, there are similar issues about access to justice, the speed of the courts and there was a very influential reforms programme which commenced in the UK to address these,” she said.
Hamilton’s comments come on the heels of heated debates and public exchanges about the state of the country’s judiciary and the need for more to be done to enhance citizens’ access to speedy justice and an effective administration system.
She alluded to the system in England while highlighting the fact that several other aggressive reforms have taken shape in the sector to ensure citizens and their communities benefit from quality representation and an effectively functioning judiciary which she noted is critical in the world today.
Professor Hamilton declared too that developing countries must accept that justice must not only be “procedural” in nature, but must also be speedy and substantial. “It’s not just a case of being able to get to court quickly, but it’s a case of being able to get substantial justice when you get to court,” she said.
“It is a challenge,” she continued, as she lauded Nations University for seeking to provide Guyanese with the opportunity to familiarise themselves with the law and to have access to a legal education which would empower their activism while strengthening their understanding of their rights.
Not automatic
Asked about the need to improve the functional quality of students that leave these law programmes and attempt to practice, Dr Hamilton said that mastering theory and the basic requirements of a programme do not mean that one will automatically have the ability to be a skilled communicator or public speaker.
Using the law degree offered by the University of London, which started some 100 years ago, Professor Hamilton said that young lawyers have to demonstrate that they have the competency and ability to perform after acquiring the degree.
Meanwhile, Attorney General (AG) Anil Nandlall has endorsed the sentiments expressed by Professor Hamilton. Speaking with this newspaper from New York on Saturday, Nandlall said the problem with the backlog of cases has been recognised in Guyana and the Caribbean and governments are actively implementing measures to deal with it.
Guyana, he reminded, has embarked on a series of such initiatives which include paying judges an incentive to deal with and dispose of cases that are in the system for a long period of time and effecting legislative changes designed to augment speedy judicial disposal of cases.
The attorney general, who is also the legal affairs minister, reported that government had commenced a process which would see the establishment of more specialised courts where cases in a particular area of law are dealt with by these entities.