Attorney wants sanctions for tardy judges

AN attorney has called on the Chief Justice to sanction judges for tardiness in giving reasons for their decisions in a timely fashion.

Attorney Anthony Manwah wants these reasons to be given at the time of the decision, and not afterward.

In a release, Manwah referred to a case in the Appeal Court in which, he claimed the court threatened to dismiss a litigant’s appeal, even though the judge who gave a decision in the matter at the high court had failed to provide reasons for their decision.

He said he found it “alarming.”

“If it is not their business, then whose business is it? It seems sometimes like litigants are coming up against a brick wall...

“I ask what is the appellant to do? How can he obtain the reasons when the judge does not give them? Can I compel the judge to do so? What else is he supposed to do?

"I am of the view that litigants must not be penalised for the incompetency and inefficiency of the court.”

He also said the Appeal Court’s position was “untenable and ludicrous,” and called on the Chief Justice to take immediate steps to change the current system, which he described as "archaic, dysfunctional and inefficient.”

In his letter to the Chief Justice, the attorney called for the courts to be sanctioned. He said the failure of one division of the court to give reasons could give rise to constitutional challenge.

“Too often the litigant has to bear the costs of the court’s incompetence and inefficiency with absolutely no recourse.“

Manwah also said there appeared to be a lack of co-ordination between the two divisions. He said his client should not be made to suffer because of judges “who simply appear not to care.”

Manwah copied the Law Association, the Attorney General, and the Judicial and Legal Service Commission in his complaint.