We seem to be approaching the serious domestic violence problem with the same lethargy that we approach everything. All talk and little or no action, even when it has reached what could be considered crisis proportions. Even after we’ve experienced three deaths in recent months and Minister Steven Blackett declared in 2011 that Royal Barbados Police Force statistics indicated that it accounted for 21 per cent of murders between 2000 and 2007.
What will it take for the authorities to make a positive move against this problem, one which Government apparently recognizes as a major obstacle to national development? They can hardly blame the recession for their lack of action on this.
That being said, legislation and enforcement alone will not do it. We need the combined effort of all Barbadians to ensure that Barbados is a secure and safe place. NGOs have played their part by providing counselling and setting up safe houses, but these need more support.
I don’t see why domestic violence should be handled differently from any other type of violence, but many claim that the police don’t take it seriously enough. Then, there are the old excuses of lack of police vehicles, cumbersome procedures and so on. It’s obvious that these matters require urgent police response and not drawn out bureaucratic procedures through offices which operate five days a week. The same seems to apply with psychiatric cases. Someone needs to be hurt or killed before action can be taken.
Maybe, the alleged attitude of the police is because some complainants ultimately withdraw their complaints, but we must err on the side of caution and treat every report as a potential murder. Of course, there should be some penalty for those wasting police time.
But the inadequate handling of domestic violence is only part of our deteriorating justice system.
In 2006, the then Chief Justice acknowledged that during his 46 years associated with the law, the most prominent complaint of legislators and lawyers had been the great delay in having legal business completed with reasonable dispatch and that delay brings the system into disrepute.
A backlog reduction project was started around 2005/2006 to identify cases filed from 1990, analyze their status and take action to get them moving in the system or out of it. Assuming that this project is ongoing, why then do we still have a backlog of 3 000 cases to be heard with some undecided cases dating as far back as 1993? In some instances, cases had reportedly gone on so long that counsel have died, while the aggrieved still await justice.
Over the years, we’ve heard of various reforms to the justice system, like Family and Commercial Courts, but the only major change seen is the magnificent edifice on Whitepark Road which those who do business there claim has fallen short in many areas in spite of the large sum spent on its construction.
I believe that the present Chief Justice was quoted as saying that a sense of urgency is needed in the courts. Obviously, a new building can’t accomplish this. With regard to the use of modern technology, he noted in 2011, that only the two criminal courts in the Justice Centre use digital recording and judges in civil cases still take evidence in long hand.
With all this concern about delays in the court system and backlog of cases, I was amazed to hear that the Supreme Court has gone on holiday for the month of August. Isn’t this equivalent to the hospital, polyclinics, fire service or police department going on holiday? Can’t holidays of personnel be staggered as is done in other areas?
We recently heard that Barbados is to have its first Alternative Dispute Resolution Court by September this year. This approach to help facilitate the smooth flow of cases through our court is not new. In 2006, the documentation necessary to support its introduction was prepared and was said at that time to be subject to international bidding, so we eagerly await the September start, even if it is seven years later.
Finally, I agree with the late Sir Jack Jacob that we need to demystify civil justice to render it plain, simple and intelligible, to enable the man in the street to understand its operation and in this way to bring justice closer to the common people.
• Dr Frances Chandler is a former Independent senator.
