Inadequate legal aid remains serious concern

Mon, Jan 12th 2015, 11:49 PM

Vulnerable people need to have access to justice, according to Bahamas Bar Association President Elsworth Johnson.
Johnson said the country's current system does not adequately address the need for legal aid for the indigent and disadvantaged.
"One of the most fundamental rights is to have access to the courts," he said.
Johnson noted that the International Bar Association is concerned about global cuts to funding for legal aid due to a downturn in the global economy.
In 2013, Court of Appeal President Anita Allen said, "If we are to ensure that full meaning is given to the constitutional promise of a fair trial, I humbly suggest that consideration be given to amending the relevant statutes to provide for legal representation at the expense of the state for all persons charged with a serious criminal offense who wish to be represented, but are unable to afford counsel.
"Legal aid provided at the earliest opportunity would eliminate any doubt that the rights of persons financially disadvantaged are breached at any stage of the legal process."
The government had spoken about setting up a public defender's office last year, but it has yet to be realized.
Johnson said the Bar Association has called on its members to participate and assist in pro bono cases.
He commended attorney Fred Smith, QC, for his commitment to ensuring that the fundamental rights of people are protected, although he acknowledged he did not always agree with everything that Smith said.
Johnson said there is some concern about inexperienced lawyers taking Crown briefs for capital crimes.
In 2006, then Justice John Lyons criticized the Swift Justice Program initiated by Attorney General Allyson Maynard-Gibson and sent back nine cases to the Criminal Registry that were set for his court, which he determined "were not ready for a fair trial".
In three of those cases, Lyons determined that the lawyers appointed to defend the accused were too inexperienced to deal with the cases.
Johnson said, "You can't cut your teeth when you're dealing with persons' lives."
On the other hand, Johnson said that Thomas Evans, QC, became a great advocate by taking on legal aid cases.

Click here to read more at The Nassau Guardian

 Sponsored Ads