New Senior Magistrate plans to tackle courts backlog and security
Thirty-two years after coming here as a Policeman, Archibald Warner now sits in one of Bermuda's key positions.
Mr. Warner -- who spent five years as a constable in "insensitive areas'' -- last week officially replaced William Francis as the Island's Senior Magistrate.
He has been ordered to cut the huge backlog of cases in Magistrates' Court and modernise its internal workings; court room observers have noticed an almost immediate change there.
Mr. Warner took time out yesterday to speak to The Royal Gazette about his career and his plans for the Court.
He spoke of his support for a dedicated Police presence in the Island's Court rooms and for more young Bermudians to seek legal careers.
But first Mr. Warner cleared up a much reported incident from three years ago.
"Yes, I did have a heart attack,'' he said. "And I did come to the bench.
But that doesn't mean I came here because of the heart attack.'' Mr. Warner added: "My main reason is that I had always promised that I would come back to Government service. It was my first desire and it was a change of pace from what I had been doing in private practice.
"I have been the recipient of the Public Service Commission bursary and I got most of my training in the public service,'' he continued. "So why not come back to it?'' Mr. Warner, who is from St. Michael in Barbados, came here at age 20 after getting A and O levels from Christchurch Boys Foundation, "a type of English grammar school'' albeit with a Caribbean flavour.
"I came here right out of school. I never really worked in Barbados,'' the 52-year-old said.
Along the way to the Senior Magistrate post, he got married, read the law at Inns of the Court School of Law and was called to the bar in the Middle Temple.
After ten years in the Attorney General's Chambers, Mr. Warner went private and built a thriving practice.
While there are many cases that may stick in the public's memory, it was the successful defence of a local man in a drug importation and conspiracy case and that of a Nigerian man acquitted of importing drugs that make him especially proud.
When asked if he had any regrets about his career, Mr. Warner said: "Obviously, I did my best. You can't be afraid to be disappointed with a jury's decision if you do that.'' Warner takes over bench "If you do your best, you must believe there is a chance of a jury conviction,'' he added. "That's why there is a jury system, only a jury can determine a person's guilt.
"One of the more satisfying things is to have someone, even if they are convicted, tell you that `you did your best job for me'. That's what it's all about.'' He would recommend a legal career for young Bermudians because of that satisfaction and for the abundance of work for barristers.
"I say, facetiously, that the study of law is the only profession,'' Mr.
Warner said. "If only for its flexibility, one could use it in several areas that are at the forefront in Bermuda, international business, banking, Government, even teaching. I certainly can't say there are enough lawyers in Bermuda.'' Asked about security concerns in the court rooms -- it is noticeable that his colleague Edward King refuses to sit without a Police officer present -- Mr.
Warner was equally clear.
"Of course there should be a Police presence,'' he said. "It's not an individual thing for Mr. King. As a matter of fact, it is by specific law, a statutory obligation in the Police Act, to provide security for the courts.
"We deal with a lot of criminal cases. Much more than the Supreme Court. It is a given that all courts should be given adequate security. And you're right, we shouldn't even wait until we are given a new facility.'' Until recent months, many of the minor cases like speeding and even assaults were set down three to five months into the future.
The advertisement published in January for the Senior Magistrate post indicated Government had noticed the problem as it called for the successful candidate to address the backlog and institute a listing system.
Mr. Warner is confident he can pull it off and praised the staff of Magistrates' Court.
"Clearing up the backlog is my specific mandate,'' he said. "With its clearing there will be less time between someone being charged and the trial.
"One must remember these are courts of summary jurisdiction. We are all agreed that the system should change.'' He also voiced his support for a court reporting system, the lack of which causes cases to drag on for days while Magistrates and judges write down evidence in longhand.
"There is no doubt a recording or reporting system will add to the efficiency and speed up trials. When cases are in the lower courts for two or three years then something is wrong.'' He added: "We must not only be efficient but we must be seen to be efficient.
To be fair, the only argument against them is because of the costs. It depends what priority should be put in it.'' "Bermuda has a great criminal justice system and it is one that it can be proud of,'' Mr. Warner added. "I'm particularly proud of my staff. Once we get a proper facility I don't think we're going to have a problem.'' Reformer: New Senior Magistrate Archibald Warner has been tasked with reducing the lower Court's backlog.
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