A House Divided Cannot Stand

20201025

A House Divided Cannot Stand

For many years, the administration of justice has been the subject of public criticism, if not ridicule, as it has been beset by glaring procedural failures which undermine public confidence. Criticisms have also extended to the Chief Justice as certain allegations were publicly ventilated. The Law Association confirmed its right at the Privy Council to undertake an investigation into the CJ’s conduct and did so. More recently some members of the bench have been critical of the CJ’s management of the judicial administrative system. Once again, these concerns were ventilated in public.   

Responding to the Law Association, the Prime Minister refused to invoke his constitutional powers arguing that the allegations against the CJ were politically and racially motivated. Public opinion remains polarized along these lines. Meanwhile there has been no improvement in the justice system. Indeed, several speeches ago, this Chief Justice, Ivor Archie, remarked that the case backlog was sufficient to keep the judiciary occupied for many years without addressing new cases.  The situation has not changed much since then. There is still a significant backlog in both criminal and civil matters.

All human interaction is built on the rule of law. Further, the legal system underpins all commercial transactions and is the bedrock of the economic system. Therefore, preserving the integrity of the legal system is a fundamental requirement in maintaining the fabric of any society. For emphasis, the ease of doing business indices include an evaluation of the legal system and notes that TT’s needs substantial improvement, a point we already know.

 In abolishing preliminary inquiries, the Attorney General was not just simply modernizing the law. He noted, pointedly, that his purpose was to remove twenty-five thousand cases which had clogged the magistrate’s courts, thereby slowing the administration of justice. Quite correctly the Director of Public Prosecution responded that the AG’s “success” amounted to a “pyrrhic” victory as it simply removed the bottleneck from the magistracy and placed it at the DPP’s office without any increase in resources to effect the cleanup.

The message is clear. A wave of “legal magic” (an act of parliament) cannot change systems and processes. To achieve meaningful organisational change, systems and processes must be redesigned and reengineered. That requires commitment, cooperation, communication, and teamwork from all the parties involved quietly working behind the scenes. This is a challenge of management.

The CJ’s motivation for the very unseemly public castigation of the DPP at the opening of the law term is unknown. Undoubtedly Dr. Rowley’s constant culprit “race” was not a factor. Both the CJ and DPP are constitutionally independent of the executive, but both depend on the executive for the financial resources to operate the system. Further, the CJ chairs the Judicial Legal Service Commission which appoints staff to the DPP’s office and should be mindful of its gaps.  A public spat between the CJ and the DPP is inimical to the successful reengineering of the legal system. Ultimately their responsibility is to the country, not to a personal empire and egos must be muted.  

The ill-will displayed by the CJ and the DPP is expected of political antagonists as evidenced by the following examples during the 2021 budget debate. First, the Finance Minister said he wanted a bridge built for his constituents first, before building “ those who had just arrived”, the new UNC MPs. Then Planning Minister Robinson-Regis rattled the opposition MPs during the Standing Finance Committee meeting last Tuesday by saying that budgeted funds could be shifted between UNC controlled corporations and given to other corporations. Then there was Stuart Young’s silliness.

Parliamentarians are elected to safeguard their constituents, but the oath of office requires them to look out for the nation.  Nationhood is a concept based on a shared idea of a common good, a concept not always obvious in parliamentary exchanges. Fear that resources are being manipulated away from certain constituencies is ever present and fear is a powerful weapon in the hands of a politician as TT politics has a tribalist bent which is quickly invoked. This is one reason why TT needs strong institutions removed from the political fray.

The CJ and the DPP are links in an important chain. The judicial and legal system must operate efficiently and impartially to preserve the social fabric. It is already clear that the system has weaknesses. There is backlog, and that translates into thousands of innocent citizens spending years in the remand yard, the visible manifestation of the system’s disfunctionality and inefficiency. Presumed guilty until proven innocent.

The country faces many challenges which erode the public’s belief in the integrity of the country’s political, economic, social, and legal systems. An animated public argument between two pillars of the legal system does nothing to engender public confidence. Both men should be working conscientiously to remove the bottlenecks and improve the system’s operational efficiency.

Leadership is expected to come from those holding senior positions in a society, parliamentarians included. It would certainly help, if everyone, CJ and the DPP as well, understood that the most powerful tool for those in leadership positions is the power of example.