Major legal reforms implemented…says Attorney General
Office of Ombudsman to be functional shortly

By Pauline Waruguru
Nevis Reporter-SKNVibes.com

CHARLESTOWN, Nevis - THE Attorney General (AG) and Minister of Justice, the Hon. Dennis Merchant, on Monday said preparations are being made to appoint an individual to assume the office of the Ombudsman in a bid to strengthen democracy and respect for human rights.

The AG was speaking to members of the Federation’s Legal Fraternity who assembled on Monday at the High Court in Nevis during the opening of the 2008/2009 Law Year.  His address followed that of the Chief Justice of the Eastern Caribbean Supreme Court (ECSC), Hugh Rawlins, which was simulcast to each of the jurisdictions of the ECSC. 

Present during the simulcast address was the Governor General of St. Kitts and Nevis, Sir Cuthbert Sebastian, Deputy Governor General Eustace John, Justice Francis Bell and Justice Ianthea Leigertwood Octave.

“The Act makes provision for the setting up of the Ombudsman for the purpose of protecting and enforcing the rights of citizens of Saint Christopher and Nevis,” he said.

The AG also said his ministry would improve the payment system to counsels engaged in legal aid matters, noting “at the moment, there is considerable delay in the payments which is negatively impacting on the administration of justice”.

Also addressed were problems relating to Preliminary Inquiries to ensure early trials and to avoid unnecessary duplicated hearings. “This will have the effect of eliminating backlogs,” he said. He noted that the Towns and Villages Act and the Timeshare Act are also to be reviewed while plans are on the front burner to review and draft the Traffic Laws.

The AG said his ministry was in consultation with the Chief Justice to ensure the standardising of the court buildings. This, he noted, would enable the Chief Justice to take over the management and control of the Court House.

“My ministry, in a bid to serve all its clients in a timely manner, is making arrangements that will ensure that any request sent to the ministry is dealt with the urgency it requires,” he said.

~~Adz:Left~~ The AG said, “A robust legal system is critical to development and essential for democracy. It underpins economic growth and is a vital component of work in myriad areas from conflict resolution to encouraging trade, investment and poverty reduction.”

The AG said crime was a major threat to democracy. He highlighted some of the laws drafted and enacted into law since he assumed office two years ago - the Anti-Terrorism Act, Criminal Law Amendment Act, Proceeds of Crime Act, Financial Intelligence Unit Act, Financial Services Commission Act and Offences Against the Persons Act. Also amended was the Firearms Act.

The AG’s ministry also drafted three different pieces of Law Revision Acts in order to facilitate the Law Revision Project. Also drafted was the Clarence Fitzroy Byrant College Act with hopes of transforming the college into a more attractive learning institution, nationally and regionally.

The AG said the Legal Professional Act had been drafted recently. He said a provision in the Act is made whereby all moneys received for or on behalf of a client by an attorney-at-law must be held on trust for that client and should be repaid to the client or used in a manner that the client directs. Part V of the Act establishes a Disciplinary Committee to carry out disciplinary functions against attorneys-at-law.

Also drafted in the AG’s ministry is the Development Agreement St. Kitts Peninsular Resort in June 2007.

The AG said the Electronic Transaction Bill, Cyber Crimes Bill and Data Protection Bill would find their way in the National Assembly for debate and passage in the near future.

He disclosed that a New Revised Edition of the Laws of Saint Kitts and Nevis would soon be available. “As you may be aware, the current state of our Laws leaves a lot to be desired. The Laws we are speaking to were last revised in 1959 and are comprised in the 1961 Revised Edition of the Laws of St. Kitts and Nevis,” he said.

The Director of Public Prosecution (DPP), Pauline Hendrickson, said the set times for the three assizes in St. Kitts and two in Nevis cause her office to traverse a number of cases.

Hendrickson said there were 47 cases listed for hearing at the September 2007 Assizes, 28 or 59.6 percent of these were traversed to January 2008. In January 2008, 46 cases were listed, 18 or 39 percent were traversed to May 2008. In May 2008, 37 cases were listed for trial, 16 or 43 percent of them have been traversed to September 2008. 

She said in Nevis there were nine cases listed for trials in November 2007 and 33.3 percent were traversed to April, 2008. In April 2008, seven cases were listed, six or 85.7 percent have been traversed to the November 2008 Assizes. For the same period in the magistrates court, there were 848 criminal cases filed in District “A” of which 738 or 87 percent were disposed. In District “B”, 540 cases were filed of which 564 or104.49 were disposed.

“Even though there has been a slight improvement in the number of traversed cases, delay is still the hallmark of our criminal justice system,” Hendrickson said.

The Hon. Patrice Nisbett, Legal Adviser of the Nevis Island Administration (NIA), said the elevation of Chief Justice Hugh Rawlins  to the highest Judicial Office within the OECS demonstrated, beyond a shadow of a doubt, that nothing could arrest the realisation of a sensible and attainable goal. 

Nisbett also said, “Our people seem to pay scarce attention to the extreme significance of the 19th day of September 1983. It was the date St. Kitts/Nevis altered its Constitutional status of a State in association with Great Britain and Nevis as a geographical entity formed its own government, which constitutes an emanation of the crown by virtue of Section 100 of the Constitution of St. Christopher and Nevis 1983.”