Courts under scrutiny as activist presses Chief Justice for answers on delayed judgments

In a significant move toward judicial transparency, Freedom Law Chambers has formally requested Chief Justice Ronnie Boodoosingh to disclose comprehensive records detailing extensively delayed court judgments. The request, filed under freedom of information provisions on November 25, comes amid growing public concern over prolonged judicial delays affecting citizens’ access to justice.

Representing civic activist and former Oilfields Workers’ Trade Union official Anthony Dopson, the legal firm highlights how chronic delays in judgment delivery undermine constitutional rights and public confidence in the judicial system. The submission references numerous complaints from citizens and workers experiencing multi-year waits for judgments, repeatedly postponed hearings, and unresolved appeals.

Attorney Aasha Ramlal, who signed the formal request, articulated that these delays directly contravene the Judiciary’s constitutional mandate to uphold the rule of law and ensure timely justice. The firm has given the Chief Justice until December 25 to respond, warning that any non-committal reply would violate statutory requirements for timely disclosure under Section 15 of the FOIA.

The extensive request seeks detailed documentation including: all cases where High Court judges, masters, registrars, and Court of Appeal judges have reserved judgments for over six months; outstanding decisions on applications or costs beyond three months; unassessed cost statements pending for more than one year; appeals awaiting written reasons exceeding six months; and statistical data on judicial decisions reversed by the Court of Appeal over the past five years.

This initiative follows a similar 2022 request that revealed significant discrepancies in the Judiciary’s record-keeping, with at least 27 matters omitted from official lists of delayed judgments. Ramlal emphasized that accurate data is essential for evaluating judicial performance, resource allocation, and administrative efficiency within the court system.

The letter further argues that transparency serves as a crucial performance measurement tool for the Judicial and Legal Services Commission in evaluating judges for promotions. It notes that many countries routinely publish such information for public inspection, establishing accountability benchmarks for judicial officers.

The context of this request includes recent developments in judicial reform. Finance Minister Davendranath Tancoo announced in October proposed reforms to enhance judicial efficiency, including creating a Judiciary Chancellor position to oversee case management—a recommendation previously advocated by Prime Minister Kamla Persad-Bissessar.

The urgency of addressing judicial delays is underscored by specific cases, including that of Daniel Agard, a convicted murderer who has appealed to the Chief Justice regarding delayed rulings in his judicial review lawsuit. Similarly, relatives of successfully appealed murder convictions await clarity on retrial timelines, highlighting the human impact of systemic delays.

Ramlal concluded that Dopson intends to publish any information received, enabling public scrutiny and ensuring comprehensive accountability across the judicial system.