Justice delayed We have to wonder today exactly what is going on in the court system. The basic philosophy of justice is that it should be seen to be done
There was a time when almost every matter before Bermuda's courts was heard within a very reasonable time and dealt with efficiently. Now we frequently have delays which reflect badly on the system and which can lead to the long incarceration of people who are then found not guilty. If accused persons are on bail, they still have their lives disrupted and their careers rendered uncertain.
There are people in this community who will say that at least the accused gets some punishment before being acquitted. The fact is that if you are found not guilty either by a magistrate or by a jury, then you are not guilty under the law and a long term of incarceration or of daily uncertainly is hardly fair.
On Tuesday a magistrate was sitting in a case which first came before the courts on March 16 and was adjourned four times over the next four and a half months. On Tuesday the Attorney General's Chambers sought yet another adjournment despite the fact that two defence lawyers were ready to proceed.
The case was, in fact, adjourned again from Tuesday morning to Tuesday afternoon when the magistrate discharged the two men involved in a drugs case and said, "I have not found them `not guilty'. The Crown is at liberty to start all over again.'' One defence lawyer in the case was quoted as saying, "Whether Police are aware or not, this is highly prejudicial to my client both socially and economically.'' The other said, "This is really an injustice, that clients should come here five or six times and pay counsel, not to mention the amount they lose by missing work for the day.'' It seems to us that the delays in this case were unreasonable and we do recognise that there are other pending cases which have gone on much longer, are not in court and have defendants who are in prison awaiting trial. Then you must add the costs involved in these delays starting with the inconvenience to magistrates, the multiple appearances in court of prosecutors and defence counsel and the costs to the defendants who are on bail of constantly appearing in court. It makes little sense. There have also been recent instances when the public has had to believe that the Police Service, the Attorney General's Chambers and the courts are at odds over who is to blame for the delays. All of them seem to "pass the buck'' and we do not see much improvement in the situation.
Bermuda has a high reputation for being a well organised and well run country and that reputation must extend to the court system. Right now it does not seem to do so.
