AG: Preliminary enquiries could be abolished in January
ATTORNEY General Faris Al-Rawi said preliminary enquiries could be abolished in January.
He was piloting the Administration of Justice (Indictable Proceedings) (Amendment) Bill in the House on Monday.
He reported the Government sat with the Judiciary, the Director of Public Prosecutions (DPP) Roger Gaspard and his Queen's Counsel Edward Jenkins, the police service legal division, and for several months with a team of officers from the Judiciary including appellate judges, high court judges and masters. He also reported in October Government wrote to the Law Association and the Criminal Bar Association and have received no comments.
"But the net effect of the discussions with the Judiciary, the police and the DPP is a requirement for one last round of amendments because the DPP and the Judiciary have confirmed to us that, consequent upon these amendments coming to law, we will by January 2020 be able to abolish preliminary enquiries."
Al-Rawi said from 2014-2015 there were 26,342 cases were in backlog at the magistracy, for 2015-2016 there were 24,745, and for 2016-2017 there were 25,531 and for 2017-2018 there were 27,124. He said from 77-85 per cent of the backlogged cases were preliminary enquiries.
He described it as a "tragedy" to the people of TT where a victim is brought to court for ten to 20 years in a pre-trial investigation process. He stressed that only was the victim prejudiced but also the accused and it is worse if the accused is remanded in custody.
"Justice delayed certainly is not justice delivered."
He said it was "obscene" for people to be on pre-trial deliberations for 20-25 years, especially when they are incarcerated.
Al-Rawi said the legislation is not a "single bullet" in the crime fight but as part of a wide array of amendments and operational procedures.
"We have built courts. We have increased the number of judges. We have increased the number of masters."
He said brand new courts have been opened as well as divisions of courts. He reported that the request for proposals for the building of the magistrate court in San Fernando went out on Friday which means the court will start in January.
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"AG: Preliminary enquiries could be abolished in January"