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1

On the cover of this year’s annual report, we introduce the theme of Restorative
Dialogue. The graphic is based on the use of the speech bubble, which is a
convention used to allow words (and less often, pictures) to be understood
as representing speech or thoughts. On the cover, the two speech bubbles
represent dialogue, and the interconnection signifies agreement or consensus
between the two parties in dispute. The round edges of the speech bubbles
offer a soft tone for the conversation that takes place between the parties. The
colour scheme reflects a Caribbean aesthetic – aquamarine/turquoise which
represents open communication and clarity of thought. The colour orange is
associated with encouragement and change.

2 Restorative Dialogue – A Path to Justice


Our Vision
The Judiciary of the Republic of Trinidad and Tobago aims to
provide an accountable court system in which timelines and
efficiency are the hallmarks, while still protecting integrity,
equality and accessibility, and attracting public trust and
confidence.

Our Mission
The Judiciary works towards the resolution of conflict in the
society by resolving disputes that arise out of the operation
of laws and involve the application of remedies and the
punishment of offenders.

ANNUAL REPORT 2014-2015 1


LOCATION MAP Charlotteville 3

2 Roxborough
1
Scarborough

TRINIDAD

1. Family Court
2. Tunapuna Magistrates’ Court
3. St. George West Magistrates’ Court
17
4. Chaguanas Magistrates’ Court
Toco
5. Couva Magistrates’ Court
6. San Fernando Magistrates’ Court
3 1
7. Point Fortin Magistrates’ Court
14
8. Arima Magistrates’ Court
2 8
PORT OF SPAIN 9. Sangre Grande Magistrates’ Court
Tunapuna Arima 9 10. Princes Town Magistrates’ Court
Sangre Grande 11. Rio Claro Magistrates’ Court
4 12. Mayaro Magistrates’ Court
Chaguanas 13. Siparia Magistrates’ Court
5 14. Supreme Court, Port of Spain
15. Supreme Court, San Fernando
Couva
16. Moruga Out Court
17. Toco Out Court
11
15 6 12
10 Rio Claro TOBAGO
San Fernando Mayaro
Princes
Town
1. Scarborough Magistrates’ Court
7 2. Supreme Court, Tobago
13
Point Fortin 3. Charlotteville Out Court
Siparia 16
Moruga 4. Roxborough Out Court

2 Restorative Dialogue – A Path to Justice


CONTENTS

Foreword 5

Introduction 8

Organisational Structure 12

Restorative Dialogue: A Path to Justice 13

The Year in Review 25

Celebrating the Judiciary Family 41

Financial and Statistical Information 65

Court Research and Statistics Unit 77

ANNUAL REPORT 2014-2015


“We do not exist to do trials; we exist to
provide a dispute resolution service in
which a trial is only one option and one
of last resort.”
– The Honourable the Chief Justice Mr. Justice Ivor Archie O.R.T.T.

4 Restorative Dialogue – A Path to Justice


FOREWORD: Restorative Dialogue

The Judiciary is mindful of the challenges facing A New Path This Annual Report describes these and a number
the Justice System in terms of the volume and of other initiatives undertaken in the year under
complexity of matters, the limits upon resources, Such dialogue is not a new concept. Social work, review that were new steps on this path—new, in
the complications of a changing society and the parole, bail, mediation and out-of-court settlement some cases, for our customers, stakeholders and
apparent intensification of societal woes. As are all mechanisms by which persons who suffer the wider society.
such, the organisation has sought and for some harm – and in some instances, the society itself –
time has been engaged in an examination of the agree to participate with the party responsible for A Better Path
options available to us to make and sustain real that harm, in a conversation aimed at healing and
change. That examination has led to a conviction restoration. Our efforts are beginning to bear fruit. Several
that Courts must turn their exclusive attention accused persons have used the Maximum Sentence
away from the outcome of illegal, unjust and/ The Judiciary of Trinidad and Tobago has, over Indication option and the Drug Treatment Court
or unfair behaviour and look as well toward its the past three years, dared to embrace even more has had measurable success. This is evidenced
causes. The Judiciary must determine its impact, innovative variants of such Restorative Dialogue. by several persons, in appropriate instances,
repair harm done, restore relationships, and Taking the cue from the Family Court, where this avoiding jail terms and opting instead to be put
engage wholeheartedly in Restorative Dialogue as concept of conflict resolution through dialogue on other paths toward restitution. Eventually, the
a true path to Justice. has been actively embraced since 2004, we have backlog of cases before our Courts will diminish
turned our attention to other areas of adjudication, because less time will be spent on each case. The
including our administrative initiatives. cost of justice to the taxpayer and the length of
Research suggests that this approach may result trials will also be reduced. These are measurable
in a deeper sense among litigants, as well as Innovations ranging from Maximum Sentence results.
defendants and victims, of having received justice Indication hearings in the Criminal Justice
before the Courts and may lead to a resolution of Courts, to the bifurcated case management A less clinical result of this approach, however,
conflict that is not beset by rancor or enmity. system in the Family Court and the judicial is that we have observed in our courtrooms, that
settlement conferences in Civil Courts, all have persons who are seeking justice, and those who
the Restorative Dialogue concept as a feature of are responsible for harm, have a greater voice in
their design and goal. and a better understanding of the proceedings.
Drug addicts who submit to our Drug Treatment

ANNUAL REPORT 2014-2015 5


Programme and children are afforded this voice. processes that are completely embraced within
We hope to see the victims of crime being provided the organisation, as well as by our stakeholders
with a voice in a more supportive environment and partners. These techniques and processes,
than the traditional courtroom. We look to the whether judicial or administrative, should have
future when accused persons, whose guilt have principles of inclusion, participation and fairness
been proven, would seek ways to correct the harm at their core, while by no means eschewing
they inflicted. accountability.

Even among our Judges, Judicial Officers and staff, We, as an organisation, are convinced that new
a new voice is encouraged: one of empathy, caring ideas, new commitments, new approaches are
and positivity; one that is shaped by emotional necessary, if not critical at this time. We have
intelligence and mindfulness: all geared toward committed ourselves and our organisation to
healing and eventually, renewal. respond to these much-needed changes.

A Path with Obstacles


The approach suggested will not always be easily
accepted. It demands a culture shift. That shift
must, if it is to succeed, allay fears that justice –
criminal justice in particular – is being overtaken
by non-traditional ideas at a time when the levels The Honourable the Chief Justice
of brutality and the victimisation of the society’s Mr. Justice Ivor Archie O.R.T.T.
most vulnerable appear to be climbing. It may be,
however, that within this non-traditional approach
lies the solution that the nation seeks.

The path will also demand an understanding


of new techniques and even the introduction of

6 Restorative Dialogue – A Path to Justice


Judges of the High Court
BACK ROW – Row 3, Left to right: Honourable Mme. Justice MIDDLE ROW – Row 2, Left to right: Honourable Mr. Justice FRONT ROW – Row 1, Left to right: Honourable Mr. Justice
Maria Wilson, Honourable Mr. Justice Frank Seepersad, Ronnie Boodoosingh, Honourable Mme. Justice Carla Brown- Vasheist Kokaram, Honourable Mr. Justice Peter Rajkumar,
Honourable Mme. Justice Sandra Paul, Honourable Mr. Justice Antoine, Honourable Mr. Justice Devindra Rampersad (missing), Honourable Mme. Justice Charmaine Pemberton, Honourable
Norton Jack, Honourable Mme. Justice Althea Alexis-Windsor, Honourable Mr. Justice Robin Mohammed, Honourable Mme. Jusctice Carol Gobin, Honourable Mr. Justice Malcolm
Honourable Mme. Justice Andrea Smart, Honourable Mme. Mme. Justice Allyson Ramkerrysingh, Honourable Mr. Justice Holdip, Honourable Mr. Justice Joseph Tam, Honourable Mme.
Justice Nadia Kangaloo, Honourable Mme. Justice Gillian Lucky, Hayden St.Clair-Douglas, Honourable Mr. Justice Ricky Rahim, Justice Mira Dean-Armorer, Honourable Mme. Justice Joan
Honourable Mme. Justice Margaret Mohammed, Honourable Honourable Mr. Justice James Aboud, Honourable Mr. Justice Charles, Honourable Mr. Justice Devan Rampersad, Honourable
Mme. Justice Eleanor Donaldson-Honeywell David Harris, Honourable Mme. Justice Betsy Ann Lambert- Mr. Justice Andre des Vignes
Peterson

ANNUAL REPORT 2014-2015 7


INTRODUCTION

The Judiciary of the Republic of Trinidad and Court of Judicature Act, Chap. 4:01 provides for the The Magisterial Districts in alphabetical order are:
Tobago, is the third arm of the State and is Chief Justice twelve (12) other Justices of Appeal, • Arima
independent of the Executive and the Legislature. thirty-six (36) Puisne Judges, as well as not less • Caroni (Chaguanas)
The Judiciary is made up of the Supreme Court and than two (2) Masters of the High Court. Masters • Couva
the Magistracy. The Supreme Court, comprising have similar jurisdiction to Judges of the High • North East (Sangre Grande)
the Court of Appeal and the High Court, is Court sitting in Chambers, except for matters • South East (Mayaro, Rio Claro)
established by Section 99 of the Constitution. where statute expressly limits their jurisdiction • St. George East (Tunapuna)
The Magistracy is established by the Summary (such as in the exercise of powers to imprison or • St. George West (Port of Spain including the
Courts Act, Chap. 4:20 and the Petty Civil Courts to grant interlocutory injunctions). The existing Family Court)
Act, Chap. 4:21. The Magistracy is comprised of complement of the Supreme Court Bench is the • St. Patrick East (Siparia)
the Courts of Summary Jurisdiction and the Petty Chief Justice, ten (10) Justices of Appeal, thirty- • St. Patrick West (Point Fortin/Cedros)
Civil Courts. one (31) Puisne Judges and three (3) Masters. • Tobago
• Victoria East (Princes Town)
THE SUPREME COURT OF THE MAGISTRACY • Victoria West (San Fernando)
JUDICATURE
The Magistrates’ Courts exercise original THE FAMILY COURT
The High Court exercises original jurisdiction jurisdiction in relation to Summary criminal
over indictable criminal matters, family matters matters. These courts also facilitate Preliminary The Family Court is a special-purpose Court,
and civil matters (inclusive of interlocutory Inquiries into serious criminal matters to comprising both High Court and Magistrates’
applications and informal motions in Chamber determine whether a prima facie case has been Courts. Established in 2004, this Court caters to
Courts). established against an accused person before he or citizens seeking help to deal with family disputes
she can be indicted for trial at the High Court. The through traditional case management and a
The Court of Appeal has appellate jurisdiction over Petty Civil Court deals with civil matters involving number of alternative dispute resolution processes
both the Magistracy and the High Court, inclusive money claims of less than $50,000.00. such as mediation, social work intervention,
of the Magisterial and High Court Sections of probation and child and youth day-care services.
the Family Court. An appeal from the Court of There are twelve (12) magisterial districts.
Appeal in Trinidad and Tobago lies to the Judicial These districts are serviced by a complement of The Family Court only operates in Port of Spain.
Committee of the Privy Council as of right or with thirteen (13) Senior Magistrates and thirty-seven Approval has been granted by the Executive
the leave of those Courts. (37) Magistrates under the supervision of the for expansion of the Court to other locations,
Chief Magistrate and Deputy Chief Magistrate. beginning with San Fernando.
The Supreme Court sits in Port of Spain, San Most districts are served by more than one (1)
Fernando and Scarborough, Tobago. The Supreme Magistrates’ Court.

8 Restorative Dialogue – A Path to Justice


Appeal Court Judges
BACK ROW FROM LEFT TO RIGHT: FRONT ROW FROM LEFT TO RIGHT:
Honourable Mr. Justice Peter Jamadar, J.A., Honourable Mme. Honourable Mr. Justice Allan Mendonca, J.A., Honourable Chief
Justice Alice Yorke-Soo Hon, J.A., Honourable Mr. Justice Justice, Mr. Justice Ivor Archie Archie O.R.T.T, and Honourable
Nolan Bereaux, J.A., Honourable Mr. Justice Rajendra Narine, Mme. Justice Paula-Mae Weekes, J.A.
J.A., Honourable Mr. Justice Gregory Smith, J.A., Honourable
Mr. Justice Prakash Moosai, J.A., Honourable Mr. Justice Mark
Mohammed, J.A., Honourable Mme. Justice Judith Jones, J.A.

ANNUAL REPORT 2014-2015 9


HOW THE COURTS OPERATE DEPARTMENT OF COURT Court of Appeal, an ex-officio Judge of the High
Court, and Chairman of the Judicial and Legal
ADMINISTRATION
The Judiciary’s core role is the resolution of disputes Services Commission.
in accordance with the Laws of the Republic of The Judiciary’s professional management
Trinidad and Tobago. The Trinidad and Tobago Judges and Judicial Officers
department is the DCA (Department of Court
Constitution provides that only the Judiciary can Administration, headed by a CEA (Court
determine who is to prevail in conflicts that arise Candidates for Judges and Judicial Officers
Executive Administrator). This department,
between individuals; between Government and are attorneys-at-law who have the following
under the direction and supervision of the Chief
the governed, including those accused by the State experience:
Justice, provides support to both the Supreme and
of disobeying the law; between individuals and • High Court Judge – at least ten (10) years
Magistrates’ Courts in the performance of their
corporations; and between organisations, both • Court of Appeal Judge – at least fifteen (15)
core functions of delivering justice and managing
public and private. years, or at least three (3) years as High Court
the Courts and their cases.
Judge
Courts resolve disputes by independently and • Masters of the High Court – at least seven (7)
The DCA’s role involves the study, review,
impartially applying the law to the facts of years
implementation and management of the systems,
particular cases. Every party has the absolute right • Magistrates – at least five (5) years
procedures and processes utilised to manage
to an arbiter who is neutral and independent of • Court Executive Administrator – at least
cases brought before the Courts. The objective of
the parties to that case and their advocates. These ten (10) years
this is to minimise delay between the filing and
arbiters are the Magistrates, Puisne Judges, • Administrative Secretary to the Chief Justice
disposition of a case and to ensure due process
Masters, Registrars or Assistant Registrars and – at least seven (7) years
is afforded equally to all who appear before the
Justices of Appeal. • Registrar and Deputy Registrar – at least five
Courts. The DCA’s remit is wide and covers a
(5) years
number of areas such as Information Technology
The Judiciary has to ensure that all who come to • Assistant Registrar – at least two (2) years
(IT), Security, Statistics, Library Services, Records
and before the Courts must be treated respectfully, Management, Finance and Accounts, Human
fairly and equally. Each case must receive The Judicial and Legal Service Commission (JLSC)
Resources and General Administration, among
individual attention, and the law must be correctly others.
applied to the facts. Regardless of economic or The JLSC appoints Justices of Appeal, High Court
other status, each party in a dispute must receive Judges, Masters of the High Court, Magistrates,
equal access. The processing of cases and the
APPOINTMENT TO JUDICIAL OFFICE Registrars of the Supreme Court, the Court
application of the law to the facts in individual Executive Administrator and the Administrative
Chief Justice Secretary to the Chief Justice. Five (5) persons
cases must be consistent and predictable.
comprise the JLSC, including the Chairman of the
The Chief Justice is appointed by the President Public Service Commission, one (1) person who
of the Republic after consultation with the Prime has served as a Judge, and two (2) persons with
Minister and the Leader of the Opposition, and legal qualifications. Both the Chief Justice and the
occupies the third highest office in Trinidad and Chairman of the Public Service Commission are
Tobago. The Chief Justice is also President of the ex-officio members.

10 Restorative Dialogue – A Path to Justice


The present members of the Judicial and Legal
Service Commission are:
• The Honourable The Chief Justice
Mr. Justice Ivor Archie (Chairman)
• Dr. Marjorie Thorpe (Chairman of the Masters of the High Court
Public Service Commission
• Madame Justice Annestine Sealy (Ret.) LEFT TO RIGHT:
• Mr. Justice Roger Hamel-Smith (Ret.) Master Martha Alexander,
• Mr. David Patrick, Attorney-at-Law Master Marissa Robertson and
Master Patricia Sobion Awai.
OUR STAKEHOLDERS
The Judiciary’s stakeholder group is diverse and
includes:
• Attorneys and their representative
associations
• The Departments of the Director of Public
Prosecutions (DPP), the Solicitor General
and the Chief State Solicitor
• The Police and Prison Services
• Litigants and members of the public
• Ministries and Departments of the Executive
arm of the State, in particular those who
function in the justice arena
• The Legislature (Parliament)
• Trade unions
• The Service Commissions
• Service providers

ANNUAL REPORT 2014-2015 11


Appeal Court
Judges,
Puisne Judges,
Masters of the

CHIEF JUSTICE
High Court ORGANISATIONAL STRUCTURE

Judicial Administrative
Education Secretary to the
Institute Chief Justice

Court Chief Registrar


Executive Magistrate and Marshal
Administrator

Deputy Court Deputy Court Court


Internal Registries
Executive Executive Magistrates
Audit (Operations)
Administrator Administrator

Magistrates’
Court
(Operations)

Court Library Court Planning Court Research Court Protocol Information Buildings, Court Records
Services Security Unit and and Technology Plant and Reporting Management
Unit Unit Statistical Unit Information Unit Equipment Services Unit
Unit Unit Unit

General Accounts and Finance and Family Court Legal Human


Administration Investment Accounts Unit Administration Unit Resources
Unit Unit

Area Court Systems Audit


Managers and Quality
Control Unit
Restorative Dialogue
A Path to Justice

“Alternative Dispute Resolution (ADR) is a whole


culture change to get people to sit down and talk about
what their challenge is, and what is separating them
from coming to an agreement. Even if matters return
to the trial court, the Judges will see a difference in
temperament and temperature between the parties
after their matters went to ADR.”

The Honourable Madame Justice Charmaine Pemberton

ANNUAL REPORT 2014-2015 13


As one of the three branches of Government, the Clients of the courts bring certain expectations parties to be directly involved in constructively
Judiciary has three objectives: to the courtroom: to be given an understanding resolving disputes, which commonly requires
of the procedure; to have a greater voice in the learning to appreciate the other side’s position.
• To provide a forum where disputes can be process; to be offered choices and to be treated Aggrieved parties are given a voice, with the
resolved justly and in accordance with the with respect and empathy. Judges and Judicial ultimate goal being a two-sided agreement, not a
law; Officers have to hone their listening skills and one-sided decision.
• To deal with disputes in ways that lead to possess a greater degree of emotional intelligence
an acceptance of and willingness to abide by and mindfulness than their predecessors. Great The key developments in the area of Restorative
outcomes/decisions; and effort has to be made to fashion new sustainable Dialogue include:
• To nurture, sustain and improve public trust dispute settlement mechanisms that allow for the
and confidence in the administration of customers of the courts to accept final decisions • Moving family, civil and juvenile cases from
justice. without anger, but rather with understanding and the adversarial system to one of conversation
appreciation. in the case of the Family Court and the
Institutions must continually change in order to Juvenile Court Project;
remain relevant to the society that they serve, the New dispute settlement mechanisms and • Rehabilitating drug addicts and guiding them
Judiciary being no exception. Research has shown approaches are summarily described as out of a life of crime through the Drug
that people’s experience of the court system, the Restorative Dialogue, a journey upon which Treatment Court;
manner in which persons are treated and managed the Judiciary embarked approximately five (5) • Implementing Court-Annexed Mediation
during their interaction with the judicial system, years ago. Restorative Dialogue is a different and Judicial Settlement Conferencing as a
can be as important as the actual outcome of a way of perceiving and approaching disputes. It tool and technique of Alternative Dispute
case. Even when decisions are not in their favour, seeks to discover the root causes of challenging Resolution (ADR);
parties are more willing to accept and comply behaviour to determine impact, to repair harm • The use of Maximum Sentence Indication
with the court’s decisions if their experience of and ultimately, to restore damaged relationships. Hearings as part of Criminal Justice Reform;
the court procedure was one of fairness. This It is a process in which the parties, whatever the • Improving communication and court
perception of fairness creates trust and confidence nature of their dispute, agree to meet in a safe efficiency through the drafting of Criminal
– in short, legitimacy. Legitimacy is grounded and controlled environment to have a focused Procedure Rules;
in the fact that people obey a ruling not because conversation about what happened and the effects • Training and development activities geared
of fear of punishment; rather, they comply with on all involved. toward:
court rulings because they feel that the Judiciary – Improving courtroom communication of
is the legitimate body to make those decisions. Restorative Dialogue allows for a situation to Judges and Magistrates;
Legitimacy has to be recreated in every generation; be fashioned that restores a measure of trust, – Encouraging participation, inclusiveness,
as times change, so do people’s expectations peace, calm and confidence for both sides. and improved dialogue through the
and perceptions with regard to justice. Creative Through Restorative Dialogue, the courts guide use of the tools and techniques related
approaches have to be found to develop the most persons responsible for harm caused to accept to Appreciative Inquiry, emotional
acceptable solutions for the litigants. responsibility, which can include the identification intelligence and mindfulness.
of ways by which they can offer redress for their
wrongdoing. Restorative Dialogue enables both

14 Restorative Dialogue – A Path to Justice


Alternative Dispute Resolution –
Court-Annexed Mediation and Judicial
Settlement Conferencing
Alternative Dispute Resolution (ADR) aims at
early intervention in the hope of disposing of
matters, where possible and appropriate, without
a trial. Not all matters that come to the court
can be effectively and efficiently resolved by the
traditional legal process. Some disputes such as
land, family and inheritance matters frequently
have few underlying legal challenges, but are
mostly based on psychological issues or ingrained
habits. Persons who bring such disputes before
the court, however, still need justice. It is in such
instances that ADR can be particularly effective.

There are two ADR mechanisms practiced by


the Judiciary: Court-Annexed Mediation and
Judicial Settlement Conferencing (JSC). These
mechanisms were, in the year under review, still
a pilot. Simulated Court-Annexed Mediation Session

Court-Annexed Mediation is a voluntary, Masters, Senior Counsel) approved by the Chief Review (PTR) or later in the trial.
confidential process in which a neutral third Justice, to discuss possible settlement of their
party—a member of the public with relevant dispute. The Settlement Officer evaluates the ADR is also beneficial on other counts. It saves
qualifications who has been certified by the strengths and weaknesses of each side’s position costs: less court time translates to a reduction in
Mediation Board—facilitates communication and renders an opinion on how the case might be costs to the taxpayer and reduced attorneys’ fees
between the parties in dispute in order to assist settled. Settlement Conferencing takes place in an making it more economical for the clients. During
them to arrive at a compromise that meets their atmosphere that is designed to be non-adversarial. the pilot phase, the Judiciary provided mediation
mutual needs. services free of charge to its clients. In addition,
At any point during the civil litigation process, the main benefit of mediation is that it usually
Settlement Conferencing is a process by which a Judge, Master or Registrar can refer a case to leaves the disputing parties with a strong sense
the parties and their attorneys meet with a mediation or a settlement conference. Parties of fairness and justice. When matters cannot be
settlement officer, assigned by the court from may be referred to a JSC at a more advanced stage resolved with ADR and require a trial, the litigants’
a roster of specially qualified persons (Judges, in the litigation process, usually at the Pre-Trial positions often soften, which reduces the time

ANNUAL REPORT 2014-2015 15


that a matter spends before the courts.

During the ADR pilot phase, participants had


seventy (70) days to decide whether they had come
to an agreement on all or some of their issues, and
if they wanted to have their agreements drawn up
as a court order. In cases where the parties were
not able to come to agreements, the matters went
back to trial. The ultimate goal is to settle 90 per
cent of matters referred to ADR, and only 10 per
cent return to trial.

The ADR Implementation Committee hosted


“Settlement Week” in June 2015 with the
approval of The Honourable the Chief Justice.
This Committee is chaired by Madame Justice
Charmaine Pemberton and includes two
Assistant Registrars, Mrs Shabiki Cazabon and
Mr. Vigel Paul who performed duties as Secretary
and Assistant Secretary respectively. During this The Honourable the Chief Justice Mr. Justice Ivor Archie speaks at the 2015 Drug Treatment Court (DTC) graduation
initiative, sixty-four (64) matters were referred to
Mediation, this comprised forty-three (43) matters The Drug Treatment Court
to grant Annexed Mediation and twenty-one (21) “The introduction of Drug Treatment
matters. Several Judges and two (2) Assistant Now in its third year, the Drug Treatment Court
Registrars acted as settlement officers during and Youth Drug Treatment Courts … (DTC)—while still being considered a pilot—has
Settlement Week, which also offered additional as a part of our normal process are been a deeply transformative experience for its
practice to a number of mediators who had been indicators of the Judiciary’s willingness participants. The concept of the DTC is based
certified only recently. A second Settlement Week on the premise that in a situation of repeated,
is planned for later in 2015, and roll out of ADR to embrace change in a reflective and drug-related, minor offences by a drug addict,
Judiciary-wide for early 2016. productive way in order to ensure that the person must be regarded as the victim of an
addiction and the offence(s) must be viewed as a
all the citizens of Trinidad and Tobago public health issue. With the right help, he or she
receive justice in a timely and life-giving stands a good chance to overcome the addiction.
manner.” With recovery, reoffending is lessened and, as a
result, clients can be kept away from committing
The Honourable the Chief Justice Mr. Justice Ivor Archie further crimes and instead become reintegrated
into family and society.

16 Restorative Dialogue – A Path to Justice


June 2015 of two former addicts who undertook
the courageous and often daunting voyage from a
life of crime and drugs to one of hope and positive
relationships has been inspiring to all involved.

The programme is indeed an intense one. Every


week the client has to participate in several
activities, including regular court appearances,
random drug testing, treatment at the Caura
facility, sessions with Narcotics Anonymous,
and meetings with community police and parole
officers. DTC candidates also have to keep a diary
during the period of their treatment. Depending
on the circumstances, it might be necessary to
assist the candidate to access public services
such as getting a national identification card,
a driver’s licence or National Insurance Board
(NIB) registration. These are all geared to giving
them back their identity and to facilitate their
The 2015 Drug Treatment Court graduates show off their certificates reintegration into society. Younger participants
are helped to obtain placement in one of the many
The DTC was established in 2012 and operates are the result of teamwork, where the presiding government-sponsored training programmes or
in San Fernando and Tunapuna. The DTC’s magistrate collaborates with representatives of to enroll in tertiary educational facilities.
operations and funding are supported by the Inter- the DPP’s office, Legal Aid, the Caura Treatment
American Drug Abuse Control Commission, the Centre, probation officers, defence counsel and Training for the Judges and Judicial Officers
National Drug Council of Trinidad and Tobago, community police officers to decide what will be involved with the DTC is provided by facilitators
Office of the Director of Public Prosecutions, best for each individual client. from the Ministry of National Security and from
Trinidad and Tobago Police Service, Ministry of the Canadian Drug Treatment Court. Refresher
Social Development and Ministry of Health. The One of the most important milestones for the seminars allow for sharing of new-found expertise.
Organisation of American States, the Canadian DTC in the year under review was the roll-out in This is important since much of the learning
High Commission, and the Dade County DTC in Tunapuna, which began in July 2014 with six (6) process of the DTC team takes place by meeting
Florida all play a role in the sustainability of the candidates. A critical success factor of the initiative new clients in their varying life situations.
project, led by the Judiciary’s Steering Committee, is for the client to become drug-free and stay clean.
chaired by Mr. Justice Malcolm Holdip. The DTCs During the past year, the DTC has had success in The pilot project is in its second phase and is
in San Fernando and Tunapuna are presided over shortening the length of time it takes participants seeking to expand into more magisterial districts.
respectively by Her Worship Mrs. Lisa Ramsumair- to achieve their first clean drug test. This is a major It would be governed by a second Memorandum of
Hinds and His Worship Mr. Andrew Stroude. step for each addict and a measurable motivator of Understanding to be signed in the new Law Term
The court sessions and treatment plans for clients significance for the Judiciary. The graduation in with the funding organisations. It is also hoped

ANNUAL REPORT 2014-2015 17


that the Juvenile DTC, part of the overall juvenile The Family Court • A review of the effects of auxiliary services to
justice reform under the Children’s Authority, which clients have been referred
will move towards implementation. First established in 2004, the Family Court has (psychological/psychiatric care, social
extensive experience with Restorative Dialogue. interventions etc).
The Trinidad and Tobago DTC also shares its From inception, the Court has adopted a • Roll-out in August 2015 of a new case
experience with other Caribbean judicial bodies. participatory approach to dispute resolution management information system, which is
Jamaica and Barbados have already set up their by developing, implementing and evaluating designed to make service more efficient and
own Drug Treatment Courts and it is anticipated alternative approaches for clients seeking help effective, speed up processes and provide
that new courts would become operative in Belize from the Judiciary in dealing with family disputes. more information to customers of the
and The Commonwealth of The Bahamas. The Family Court integrates social services and court. The system will also use electronic
mediation with traditional court services. Judges signatures, a new feature to court procedure
and the judicial officers of the Court keep the in Trinidad and Tobago.
entire process as non-adversarial as possible for • Introduction of a bifurcated system, on an
their clients, and assist them to resolve their experimental basis, where the trial judge is a
disputes along conciliatory principles. different person from the one managing the
“The Family Court is the “poster child” case. This was a successful experiment with
for the Restorative Dialogue. It is what Recognising the need of families for support over one hundred (100) cases settled.
while seeking solutions, the Family Court • The formation of a Family Law Association
this Court has been doing for eleven adopts a holistic approach by the provision of the by lawyers who practice in the Family Court.
years. It has taken the lead in the following services: social assistance, counselling This has been instrumental in preparing
on co-parenting, enhancing communication legislation and serves as a link for the Family
Judiciary to introduce new systems and Court, the legal profession and the wider
skills, improving parent/child relationships,
pilot them.” psychological or psychiatric intervention, drug community.
assessment and treatment and mediation between • The Court’s involvement in drafting new
The Honourable Mr. Justice Gregory Smith, JA
parties. The objective is to encourage parties to legislation for the Children’s Court and the
formulate their own outcomes when possible, but Family Court. The bill was approved in the
with the understanding that the Court will keep Senate, but lapsed in the Lower House before
the process moving and make decisions when recess.
necessary. • Preparatory plans for the introduction
of a card system for persons who collect
During the year under review, the Family maintenance. This will further help to reduce
Court implemented and evaluated a number of waiting time at the Court’s premises.
programmes and processes. These include:
In January 2015, the Judicial Education Institute
• Development of a unified Court Office for partnered with the Children’s Authority and
both High Court and Magistrates’ Court the Family Court to educate Judicial Officers
matters. about the Children’s Act. The facilitators of the

18 Restorative Dialogue – A Path to Justice


Continuing Education Seminar were Dr. Saran
Looby, Dr. Jacqueline Sharpe, Dr. Karen Moore
and Mrs. Sharifa Ali-Abdulah. As part of the
Court’s continuing emphasis on growth, there
was ongoing training of Judicial Officers and all
staff, particularly with regard to the new systems
that were introduced in the Family Court.

Court personnel from the Organisation of Eastern


Caribbean States (OECS) and the Commonwealth
of The Bahamas visited the Family Court to
view its operations, in order to prepare for the
establishment of their own family courts.

In the near future, the Family Court will be placing


its emphasis on the roll out of its Court services to
San Fernando and the implementation of any new
relevant legislation.

From left to right: The Honourable the Chief Justice Mr. Justice Ivor Archie; U.S. Embassy Chargé d’Affaires, Margaret Diop; UNDP
“Fundamental [to the Juvenile Court] Resident Representative Richard Blewitt and USAID Eastern and Southern Caribbean Mission Director, Christopher Cushing.
is the growing understanding that The Juvenile Court Project Juvenile Court will create a more humane society
the cognitive and psychological by giving youth offenders a chance for a full life.
developmental traits or capacities of Juvenile justice reform aims, among other things,
to transform aspects of the criminal justice The Juvenile Court Project (JCP) was officially
children and adolescents place them system, which in its present form does not entirely launched in November 2014. It is supported
in a different position to adults, with accommodate youth offenders. The objective by United Nations Development Programme
of this move away from a punitive approach to (UNDP), United States Agency for International
respect to the way they perceive and Development (USAID), and The National
a restorative one is based on insights that even
process things; in the way in which we serious offenders, if they are children, are usually Centre for State Courts (NCSC). During the year
should interpret their actions, and in the victims of their familial and community under review, the project has made a number of
circumstances, and need to be perceived and significant steps.
the solutions applied to address what treated as such. In practice, the reforms allow
we deem to be deviant behaviour.” Judges and Judicial Officers who adjudicate over The Children’s Bill (No. 2 of 2015) proposes the
children’s matters to collaborate with civic and establishment of two courts, one in Port of Spain
The Honourable the Chief Justice Mr. Justice Ivor Archie
governmental institutions to intervene in the life and the other in San Fernando, which would
O.R.T.T.
situation of the juvenile. The projection is that the be staffed by specially trained Judicial Officers.

ANNUAL REPORT 2014-2015 19


training to qualify them to serve in various court-
like roles. Students who commit infractions and
admit responsibility are sanctioned by their peers
through activities that draw on the strengths of
the child, such as tutoring, community service,
apologising orally or in writing, writing essays,
making meaningful presentations done in
any genre of music, among other measures.
Internationally, it has been shown that Juvenile
Peer Resolution assists in reducing recidivism
among respondents in youth courts, and it is hoped
that this success can be replicated throughout
Tobago and in Trinidad.

“When it comes to children, if you don’t


handle disputes well, children just come
out angry and you cannot fix that vexation
so easily later on. But if you walk along a
path with them and heal them and help
John Rougier, Youth Court Component Manager guides the committee established to develop the Framework for them heal themselves, then you have
Peer Resolution
a good chance of producing at the end
of it somebody who can recognise and
It is intended that these courts would lead in Within the framework of the JCP, Juvenile Peer
all aspects of juvenile justice, promoting social Resolution, an innovative approach to dispute accept their role if they harm somebody
inclusion and personal responsibility of young resolution involving children, was introduced on a else and will want to do it differently.”
offenders, while allowing them to maximise their pilot basis in four (4) secondary schools in Tobago:
potential. This system is designed to fast-track Roxborough Secondary School; Mason Hall High Master Christie-Ann Morris-Alleyne
matters involving children and provides feedback School; Scarborough Secondary School; and
for the advancement of legislative and practical the Pentecostal Light and Life Foundation High
improvements. The Bill was introduced in 2015 School. This form of peer resolution deals with
but lapsed because the parliamentary session cases that constitute infractions against school
ended. rules. The participating students received special

20 Restorative Dialogue – A Path to Justice


Maximum Sentence Indication In June 2015, the Chief Justice presided over Criminal Procedure Rules
an MSI hearing that was reported in the local
On August 25, 2015, The Honourable the Chief media. The case raised public awareness that The legal maxim, justice delayed is justice denied,
Justice issued a Practice Direction to establish MSI hearings allow for greater transparency and is at the core of many of the initiatives undertaken
the procedure for an indication by a trial judge. dialogue in the judicial process. by the Chief Justice since his assumption of
Maximum Sentence Indication (MSI) provides for office. Consistent with that theme, the Chief
accused persons to participate in dialogue with the It is hoped that these hearings will be extended Justice has continually advocated the need for case
presiding judge regarding their likely sentence. to the Magistrates’ Courts, as currently MSI takes management within the criminal jurisdiction.
This means that prior to the commencement place only in the High Court. As these hearings
of a trial or hearing in criminal proceedings, an become more frequent, it is anticipated that the The Civil Proceedings Rules, implemented in
accused can be made aware of a likely sentence if resources that are fundamental in these hearings 2005, have proven highly effective in speeding up
he or she pleads guilty. will be provided by the relevant departments. the judicial process in the civil jurisdiction. Proper
case management has resulted in civil matters
The benefits to conducting MSI hearings include: MSI will also afford persons who are on bail the being heard or determined within a year or two.
opportunity to engage more closely with Judges The Rules Committee of the Supreme Court was
• Savings in cost and time as the number of and Judicial Officers in order to forge a path to therefore mandated by the Chief Justice to draft
trials is reduced; justice. rules to assist in the reduction of the backlog
• Sparing victims the additional trauma of the in criminal matters by introducing robust case
rigours of a trial; management in the criminal arena.
• Giving accused persons who have already “Before MSI, a judge had to keep close
spent significant time in custody, a more to his or her chest what the sentence After extensive consultation and with the
informed choice; cooperation and assistance of Judicial Officers,
• A greater willingness by the accused to plead would be. It was the thing that you said the DPP, Legal Aid, Chief Parliamentary Counsel
guilty to a lesser charge once he or she knows at the very last. But that all changed. Why and the Criminal Bar, the Rules Committee has
the judge’s intention of sentencing. not start formulating and telegraphing completed the Criminal Procedure Rules. The
overriding objective is to deal with cases justly
There has been substantial progress made in
from very early what your thinking is? and expeditiously. It is intended that these rules
the area of MSI hearings during the year under Society must not believe that MSI is will facilitate early disclosure and disposal of
review. In January 2015, the Judges in the Criminal there to clear the jails – that is not the preliminary issues. The imposition of stricter
Assizes met and a Draft Practice Note, intended to case. MSI is a legitimate process to give timelines and more efficient processes will bring
govern the MSI was developed. This was finalised structure and greater discipline during trials.
in the Practice Direction of August 2015. For the choice for persons who acknowledge
year under review, there were forty-nine (49) that they have committed a crime and Training in criminal case management for Judicial
hearings, of which more than 50 per cent led to they themselves want to get on that Officers and staff should commence during the
guilty pleas. Some judges have set aside at least first term of the 2015/2016 Law Year, with a view
one (1) day per week to deal with MSI matters.
path to justice.” to full implementation of the rules in early 2016.
The Honourable Madame Justice Gillian Lucky The success of this venture is dependent on the

ANNUAL REPORT 2014-2015 21


cooperation of all major stakeholders, especially The JEITT was an “early adopter” of the
prosecutors and defence counsel. The Judiciary “A Judge in carrying out his or her duty Appreciative Inquiry philosophy and uses it in its
will liaise with the Law Association to ensure that internal operations and in the conceptualisation
training opportunities are offered to the Judiciary’s of fairness and impartiality … should use and conduct of its educational programmes.
partners in the judicial system. all tools properly at his or her disposal
Key events in 2014/2015 hosted by the JEITT were:
It should be noted that the Criminal Procedure
to do so. In other words, human rights Continuing Education Seminars with the guidance
Rules will apply to both High Court and principles should be part of a Judge’s of expert facilitators for four (4) groups of Judicial
Magistrates’ Court proceedings. It is anticipated DNA.” Officers: the Court Administrative Unit, the
that they will be very effective in the preliminary Family Court, the Magistrates, and the Judges and
enquiry process. The Hon. Dame Linda Dobbs Masters. At these seminars, the topics of Human
Rights, Procedural Fairness, Inclusive Leadership
The public can rest assured that even as the and Effective Courtroom Communication
Judiciary moves toward the implementation of the The Judicial Education Institute of were covered. For the Family Court’s seminar,
new Criminal Procedure Rules, the Chief Justice Trinidad and Tobago (JEITT) sessions were held on interviewing children and
will continue to advocate for further improvement adolescents in a courtroom using a psychiatric
in the criminal justice system, to ensure that Ongoing judicial education plays a vital role in developmental framework.
justice is delivered in a timely manner to all who keeping the Judiciary in touch with the pulse
access the courts. Another area being assessed is of society: offering new thinking and concepts, In September 2014, the JEITT partnered with
the introduction of legislation to govern videotaped re-examining established procedures, bringing the University College London Judicial Institute
caution interviews. the various strata of the organisation together to initiate its Train the Trainers programme,
and fostering the dialogue between internal and designed for the training of Judicial Officers in
external stakeholders. adult education principles and techniques. This
programme’s objective is the creation of a group
“They are new, overdue and a The Judicial Education Institute of Trinidad of peer educators from within the Judiciary, who
fundamental step in the right direction. and Tobago (JEITT), in operation since 2003, are well-equipped to facilitate judicial training.
This is the first time that we are going provides a forum where the Judiciary can engage
in stimulating experiences, all with a view to The JEITT, along with the Caribbean Court of
to have Criminal Procedure Rules in our preparing members of the Judiciary to embrace Justice and the Law Association of Trinidad and
jurisdiction. This initiative is ground- change in a positive and progressive way. Its Tobago, hosted Professor Alan Paterson OBE in
breaking, and represents a paradigm training and educational programmes and other October 2014 who delivered a lecture on the topic
events are open to Judges, Judicial Officers, “The Legal Profession in the Twenty-First Century”.
shift in the management of a criminal Court administrators and support staff. They Professor Paterson explored a number of areas
trial.” are designed to assist the Judiciary to perform including perceptions of status, public protection,
in a manner that upholds its independence and access, reasonable rewards, deregulation and the
integrity and ensures public trust and confidence influence of technology on the legal profession.
Ms. Jade Rodriguez, Registrar of the Supreme Court in the administration of justice.

22 Restorative Dialogue – A Path to Justice


Professor Rose-Marie Belle Antoine and Dr.
Dylan Kerrigan as the panellists. The Honourable
Madame Justice Charmaine Pemberton served
as moderator. Both the lecture and the panel
discussion were streamed live on the internet
and broadcasted to a number of Caribbean
jurisdictions.

In June 2015, the JEITT hosted a luncheon in


honour of Judge G. Helen Whitener of the Pierce
County Superior Court in Tacoma, Washington.
Judge Whitener, a native of Trinidad and Tobago,
visited to promote the message of human rights
and tolerance. At the luncheon, she discussed
how the law can make a society more just, and
encouraged the Judiciary family to initiate changes
to the laws of Trinidad and Tobago to be more
tolerant of minority groups including the gay and
lesbian community.

Further, the fourth publication in the


Distinguished Jurist lecture and panel discussion
series was published and the transcript made
available online on the Judiciary’s website, www.
BACK LEFT TO RIGHT – Programme Dir. JEITT The Hon. Justice Roger Hamel-Smith, The Hon. The Chief Justice Mr. Justice Ivor ttlawcourts.org/index.php/judicial-education-
Archie, Chair JEITT The Hon. Justice Peter Jamadar J.A. FRONT ROW LEFT TO RIGHT – Professor Rose Marie Belle Antoine,
Dr. Dylan Kerrigan, Dr. Francis Alexis, The Hon. Mme. Justice Maureen Rajnauth Lee, The Hon. Mme. Justice Charmaine Pemberton
institute/jei-news.
and The Hon. Dame Linda Dobbs.
Other publications by the JEITT in the year under
In May 2015, the fifth annual JEITT’s Distinguished Dame Linda added that Judges have a duty to make review were the commemorative Celebrating an
Jurist Lecture featured The Honourable Dame their views known, not only through judgments, Independent Court of Appeal of Trinidad and Tobago
Linda Dobbs who presented a thought-provoking but also by means of legal writings, opportunities 1962–2012 and the Criminal Bench Book. The latter
lecture entitled “Who’s Afraid of Human Rights? at public events and submissions to Parliament. is the Institute’s first e-book, making the Bench
The Judge’s Dilemma”. Dame Linda challenged Book available to the general public locally and
the Judiciary to cease to feel that their “hands are On day two (2) of the Distinguished Jurist Lecture, internationally at www.ttlawcourts.org/jeibooks.
tied” and that they cannot act in accordance with an eminent panel discussed Dame Linda’s
internationally accepted human rights standards propositions, with The Honourable Madame
where national legislation does not so provide. Justice Maureen Rajnauth-Lee, Dr. Francis Alexis,

ANNUAL REPORT 2014-2015 23


of the Human Resources Unit, training and
development and working conditions. Other
groups are inquiring what works best in areas to
improve customer relationships, standardisation
of court structures, electronic filing, technological
advancements of all courts, and personalising the
image of the Judiciary.

The Judiciary invited two (2) facilitators from


Weatherhead School to train twenty-four (24) AI
Champions. These champions, drawn from all
levels of the Judiciary, will spread the good news of
AI throughout the organisation, initiating positive
conversations that lead to positive actions.

“You can discover anything in any


FROM LEFT TO RIGHT – Court Executive Administrator, Ms. Michelle Austin; Judicial Educator, Mr. Kent Jardine; Registrar, Ms. Jade situation depending on the questions
Rodriguez; The Hon. Mr. Justice Jamadar J.A.; Facilitator, Ms. Molly McGuigan; IT Manager, Mrs. Carol Herbert; Her Worship Mag.
Lisa Ramsumair-Hinds and Facilitator, Mr. Luigi Pecoro. you ask. What you seek, you find. If
you seek the problems, you will find
Appreciative Inquiry Teams working, and how can we fix it?” Instead, AI seeks
to empower people within the organisation by the problem. If you seek what is good,
In November 2013, the Judiciary of Trinidad and asking: “What is the best? What is working? How you will find what is good. The moment
Tobago embarked on a journey of organisational can we get more of it?” Persistently asking for you ask the question, you start to create
change based on the Appreciative Inquiry (AI) the positive—namely, inquiring appreciatively—
model. This holistic system was developed by the brings about a shift in philosophical viewpoint, the reality. What conversations can
Weatherhead School of Management in Cleveland, as it conjures up positive images of the future we have about the judicial system that
Ohio, and was introduced to participants from and of each other. AI brings about a change in
every court, district and unit.
can make it life-giving? The questions
culture, not just in performance end, but also in
underlying thought and perception patterns. we ask shape what we discover. The
AI’s methodology is based on the focus on hope of AI is to discover as yet unseen
organisational strengths—rather than problem Twelve (12) management groups have been
areas—to leverage change. It is a significant constituted to develop life-giving areas in the
possibilities.”
shift from the typical problem analysis, where Judiciary. These include child care, real-time and The Honourable Mr. Justice Peter Jamadar, J.A.
the question is: “What is wrong, what is not accurate employee information, re-engineering

24 Restorative Dialogue – A Path to Justice


Year in Review

“A Path to Justice – when I think of a path I don’t think


of something short. Rocky, stony, winding, it has been
cut away, so it’s not smooth or straight. There is no
highway to justice, and there are tollbooths along the
way. There are times when you have to stop and make
a determination: is this the continuation of the path, or
just another cleared bush? It slows you down, and makes
you think.”

The Honourable Madame Justice Gillian Lucky

ANNUAL REPORT 2014-2015 25


Over the last two (2) Law Terms, the Judiciary
revealed its 2013-2016 strategic plan and strategic
implementation plan, which are divided into five
1 OPERATIONAL
EXCELLENCE
The upgrades, which were rolled-out in August
2015, offer more electronic options and will
positively affect the way in which the court
(5) focus areas: interacts with its customers, thus improving the
Timely, fair and accessible services for court
delivery of its services. The upgrade will allow
customers are among the primary objectives of
1. Operational Excellence the court, among other things to: produce better
the Judiciary’s operations. The strategic focus area
2. Developing a High-Performance Professional statistical reports for performance monitoring,
of operational excellence aims at modernising
Culture serve parties documents through email, record
the Judiciary’s core and support processes and
3. Creating a Safe and Productive Workplace and manage payments, and allow attorneys to
information systems utilising formal integrated
4. Strategic Partnering with Court Users and search their clients’ records on premises.
processes, technologies and systems with
Stakeholders
supporting information management policies.
5. Improving Organisational Stewardship The upgrade began with a review and re-
engineering exercise as part of a larger evaluation
In the year under review, several milestones have
In the year under review, the scope of planned of the Family Court’s operations to provide the
been achieved with regard to improving court
initiatives to advance each of these focus areas court with more efficient systems; better and
processes at the various courts.
had to be curtailed due to funding and capacity more extensive use of automation; the production
restrictions that were out of the Judiciary’s control. of better statistical reports for performance
CASE MANAGEMENT
This resulted in various strategic initiatives and monitoring, improved customer service and a
INFORMATION SYSTEM
projects being scaled down and deferred. These more comfortable and rewarding workplace for
include, but are not limited to the development employees. The re-engineering of each of the
In September 2014, Cabinet approved the design,
and deployment of a modern case management court’s processes is expected to reduce delays,
development and deployment of a modern case
information system; review and redesign of court errors and superfluous activities and create
management information system. The opportunity
processes; modernising Judiciary’s governance, simplified and more efficient and effective
was also taken during fiscal 2015 to upgrade the
organisational, and staffing structure; upgrading processes.
existing case management system at the Family
and expanding Judiciary’s facilities; launching
Court to provide better services to its customers.
and rolling out the Judiciary’s corporate identity CRIMINAL JUSTICE
The Judiciary invited the National Information and
and brand.
Communication Technology Company Limited
In the past, the Judiciary has drawn to the attention
(NICT) to submit a proposal for the management
The following represents the main areas in which of the Executive and the general public the fact
of the project. Subsequent to the receipt of this
progress was made during the period under that the Judiciary is only one component of the
proposal, a Cabinet Note was prepared for the
review: Criminal Justice System and the matter of delay is
approval to engage NCIT as project manager.
a multifaceted issue that involves circumstances,
In the 2016 fiscal year, the Judiciary expects to
agencies and resources.
complete the relevant stakeholder consultation
with a view to modernising court processes and
Some of the constraints include a lack of resource
developing the design for the case management
capacity in the Trinidad and Tobago Police
software.
Service and in the Office of the Director of Public

26 Restorative Dialogue – A Path to Justice


Prosecutions; a shortage of Defence Attorneys; the JUVENILE COURT The Juvenile Court Project is an important step in
inability of the Legal Aid and Advisory Authority to achieving meaningful juvenile justice reform and
ensure representation for all accused who qualify Preparations are currently underway for the embracing the global standards in adjudication
for legal aid; the inability of the Forensic Sciences establishment of a Juvenile Court in Trinidad involving children and guaranteeing the rights of
Centre to quickly provide the needed reports; as and Tobago. This is in response to the lack of children in accordance with the United Nations
well as legislative requirements that have not kept programmes as alternatives to or in conjunction Convention of the Rights of a Child. While
step with the increasing burdens of the Criminal with correctional facilities that are rehabilitative important strides have been made toward the
Justice System. or restorative in nature that can directly lead to a modernisation of the juvenile justice system in
reduction in recidivism of young offenders. Trinidad and Tobago, such as the enactment of
In response to these issues, various actions have the Children Act No. 12 of 2012 and Children’s
been initiated by the Judiciary in the fiscal year The project is being implemented in partnership Authority Act, Chap. 46:10, mechanisms are now
2015. These include: with the U.S. Agency for International needed to give effect to these and other key and
Development (USAID) and the United Nations related pieces of legislation.
• requesting the complete abolition of Development Programme (UNDP).
Preliminary Enquiries, and an urgent and
meaningful dialogue on the matter of the
retention of Jury Trials;
• the use of Maximum Sentence indications
(MSI) as explained in the previous section
Restorative Dialogue – A Path to Justice. This
measure assists in reducing delays as well as
the length of trials;
• the development of Criminal Procedure
Rules, which will impose more discipline on
the criminal trial process. The Rules, which
are nearing completion, are designed to
streamline the processes and manage trials.

The Judiciary continues to explore the possibility


of improvements in its own processes. At the
same time, we continue to hope that all reforms
suggested will be actively and urgently pursued
and that necessary State resources will be applied
in support.

At right – The Hon. Madame Justice Gillian Lucky discusses the issues of Bail and Apprehension during a Caseflow Mapping Session

ANNUAL REPORT 2014-2015 27


Ms. Donna Boucaud, Juvenile Court Component Manager, addresses JCP stakeholders during a Workflow Mapping Session Mrs. Shari Niles-Hypolite, Legal Assistant at the JCP discusses
the development of the Framework for Peer Resolution with
Steering Committee members

It is expected that the Juvenile Court will play a


critical role in juvenile justice reform in Trinidad
and Tobago. The project will establish two (2)
juvenile and youth courts under the stewardship
of trained Judicial Officers. These will serve to
develop civic responsibility, youth leadership and
use of positive peer pressure to encourage young
people accused of committing minor offences to
take responsibility for their behaviour. In keeping
with a more rehabilitative and less punitive
approach, the project will develop court-annexed
diversion programmes through coordination
and referral mechanisms in cooperation with the
Children’s Authority, other state agencies and
non-governmental organisations.

Dr. Wendall Wallace speaks to students of Pentecostal Light and Life Seconday School in Tobago during the Peer Resolution School Tour
in Tobago

28 Restorative Dialogue – A Path to Justice


For the year in review, the key outputs of the However, for matters filed before 1994, the During the year, For The Record (FTR) audio
Juvenile Court Project were: search must be done manually utilising the record digital court recording systems were introduced
books where such information is stored, which in two (2) courtrooms at the Siparia Magistrates’
• Enabling legislation in the form of “The is a time-consuming exercise. In the Law Term Courts. In the upcoming year, seven (7) additional
Family and Children Division Bill 2015”; under review, however, and with the assistance courtrooms have been earmarked as part of the
• Draft Rules of Court for the Juvenile Court; of volunteers from various court offices, the expansion of ADCR software installation at
• Sensitisation and awareness sessions with process of developing and entering data on an Magistrates’ Courts; three (3) at Chaguanas and
key justice stakeholders; electronic database for all estates filed between four (4) at San Fernando.
• Review of existing referral mechanisms and 1903 and 1994—approximately 105,000 estates
rehabilitative programme options; and commenced. This exercise is being done on a The search for new accommodation will continue
• Identification of accommodation for a phased basis due to the high number of estates in the next fiscal year in order to adequately
Children’s Court in Trinidad and Tobago. involved. Once completed, the need for a manual accommodate existing and additional staff needed
search will be eliminated and so the length of time to fulfil the demand for court reporting services.
HIGH COURT PROBATE REGISTRY SERVICES for a search to be conducted will be drastically
reduced.
During this year, the Registrars and the registry
staff at the High Courts engaged in a number of COURT REPORTING SERVICES
activities meant to improve the range and quality
of services provided by the Probate Registry, which Approximately 6,000 pages of transcripts are
has responsibility for wills, grants and related generated on a monthly basis, while provision of
probate services. CDs of recordings of proceedings average forty-
five (45) per month. These requests are fulfilled
A major area of concern for practitioners is the by the Judiciary’s Court Reporting Services Unit,
length of time it takes for the completion of the which is charged with ensuring the preservation
initial search required by the provisions of the Wills of a permanent and accurate verbatim record of
and Probate Act Chap. 9:03 and Non-Contentious court proceedings.
Business Rules. Traditionally this search, which
is conducted by the staff of the Probate Registry, Court reporting services involve a range of
must be done before an application for a grant competencies, inclusive of real-time computer-
of probate is made to determine whether any aided transcription (CAT) reporting, court
previous application in respect of the deceased’s transcription, proofreading, copying audio files
estate had been made. For persons who died after on CD and the installation and maintenance of
1994, the search can be done electronically since audio-digital court recording (ADCR) software
all matters filed in our probate registry from then and equipment.
to present are stored electronically.

ANNUAL REPORT 2014-2015 29


2 DEVELOPING A
HIGH-PERFORMANCE
PROFESSIONAL CULTURE
The Judiciary’s strategic focus on developing an
optimal complement of competent, engaged,
properly resourced and productive employees is
the objective of its entire spectrum of activities.
Enhancing the organisational and human capital
can only be realised by expanding the available
competencies, developing a results-based culture,
and enabling continuous learning at all levels.

During the year in review, there were several


activities aimed at developing a high-performance
professional culture that will redound to the
benefit of the Judiciary’s internal and external
stakeholders. These include a review and
upgrade of tools and technologies for the various
operational units, as well as the recruiting and
restructuring of judiciary’s staff for the improved
administration of justice.
Judiciary staff learn about proper usage of corporate visual identifiers.
TRAINING AND DEVELOPMENT

In the year under review, nine (9) programmes • Facilities Management Training; target issues specific to each group.
were held by the Human Resource Management Fire Warden Training;
Unit. They are: • Internal Audit in the Public Service Training; The Court Reporting Services Unit also conducted
• Performance Management Appraisal • Microsoft Office Suite Training; and several training sessions during the 2014/2015
Sensitisation; • Supervisory Management Training. term. Notetakers from Chaguanas (who now
• Protocol and Business Etiquette Training; use the audio-digital court recording systems in
• Branding and Identity Awareness Sensitisation In September 2015, the Registrar’s Department Tunapuna Magistrates’ Courts), Siparia, Sangre
Sessions; conducted training of all Judicial Support Officers Grande, Arima and St. George West were trained.
• High Impact Business Communications Skills and Assistant Judicial Officers assigned to the Training sessions were also conducted for Judicial
Workshop; Family Court, the Criminal and Civil jurisdictions. Support Officers from Family Court and Hall of
Each division was trained separately in an effort to Justice, Port of Spain.

30 Restorative Dialogue – A Path to Justice


Balanced Scorecard – Aligning Employees to the
Strategy for Value Creation”.

Mrs. Lenore Dorset conducted a seminar on


Protocol in the Context of Personal Development
and Nation Building. Success Skills for
Recruitment and Selection: Hire the Right Talent
was conducted by Ms. Azra Nathudkhan and Mr.
Nigel Sammy gave a Microsoft Certified Solutions
Associate (MCSA) SQL Server 2012 course.

The Trinidad and Tobago Association of Women


Judges facilitated a seminar on Sexual Harassment
in the Workplace and Sextortion, followed by
a Corporate Event Planning and Management
for Professionals workshop, conducted by Ms.
Jacqueline Newton. Introduction to Statistical
Package for the Social Sciences Workshop (SPSS) was
facilitated by Dr. Ian Sakura-Lemessy, Inventory
Management Training Programme by Dr. Racheal
Court Executive Administrator Ms. Michelle Austin, on the right, practices proper introductions at Protocol Training Cox, and Records Management for Administrative
and Support Staff Training, designed for junior
A partnership previously established between the Staff of the Judiciary were also exposed to a officers in the Records Management Unit, was
Judiciary and College of Science Technology & number of training programmes conducted given by Mrs. Helena Leonce.
Applied Arts of Trinidad & Tobago (COSTAATT) by external agencies through workshops and
was rekindled in the past year and significant seminars. Eleven (11) topics were covered during MODERNISING RECORDS MANAGEMENT
progress has been made with respect to reframing the year under review. Foremost among them IN THE JUDICIARY
the College’s course for Court Transcriptionists. It was the Distinguished Leadership and Innovation
is envisaged that once this programme is assessed Conference 2015, with facilitators Mr. Tom Peters The Court Records Management Unit was
as meeting the Judiciary’s needs and restarted, and Dr. Peter Senge of international repute. The strengthened by the appointment of a Court
attention will be directed to introducing a much- theme was “Learn to Disrupt, Disrupt to Learn”. Archivist & Records Manager. The Judiciary
needed Computer Aided Transcription (CAT) Participants examined the structure of operations is now better able to implement its plans and
Reporting training programme. The new Court within organisations and evaluated stability in an activities for modernising its court and court
Transcription Course Review team also includes ever-changing, increasingly competitive global administration records management system.
representatives of Parliament and the Industrial market. The Human Resource Management
Court of Trinidad and Tobago. Association of Trinidad & Tobago (HRMATT) During the year in review, continuous internal
had its Tenth Biennial Conference with Professor training and advice were provided in the areas of
Robert Kaplan, focusing on the topic “The registry procedures, supervisory empowerment,

ANNUAL REPORT 2014-2015 31


records management for administrative and the EAP unit conducted the following initiatives: Another important feature that the technology
support staff and digital records management and • Annual Health & Wellness Screenings at Rio facilitates is real-time collaboration that allows
preservation. These were all aimed at improving Claro, Sangre Grande, Mayaro and Tobago members of a project team to communicate, share
employee performance and providing staff with • Wellness articles were published on the files, post on discussion boards, plan meetings
the necessary tools needed to do their job, and Intranet and maintain a project calendar.
ensuring the integrity of the organisation’s record • Annual SEA function was hosted in
keeping and management. collaboration with the Human Resource and The intranet site is carded for completion by
Protocol and Information Units the end of 2015, after which data migration and
The Judiciary, through its Records Management • Therapeutic yoga was introduced at the Hall content development will take place. It is expected
Unit, was also able to host members of the of Justice and San Fernando Supreme Courts that the new site will be launched for staff
Police Complaints Authority at San Fernando • Stress management workshops were immediately thereafter.
Magistrates’ Court (Madinah) building in May, conducted in Tobago for Magistrates and
2015. The aim of this initiative was to display Judges in collaboration with the Judicial
and explain proper records processes and Education Institute
operations at said Court in an effort to inform • The EAP Policy of the Judiciary was
the implementation of their service that would published.
facilitate private and public hearings.
IMPROVING INTERNAL COMMUNICATION
In the 2014/2015 financial year, work also
continued on the restructuring and re- Work has been ongoing with regard to deploying
organisation of the administrative records of a newly branded Judiciary intranet using the
the Judiciary. In this regard, work focused on Microsoft SharePoint platform. This work is
successfully completing and upgrading the currently being done in partnership with iGovTT
records management system for the Court (National Information and Communication
Planning, Court Human Resources Management, Technology Company of Trinidad and Tobago)
General Administration and Legal Units. and Microsoft (Trinidad).

EMPLOYEE ASSISTANCE PROGRAMME The Microsoft SharePoint platform has been


installed and work continues toward making the The Judiciary’s new Intranet website
The Employee Assistance Programme (EAP) necessary customisations that will reflect both the
seeks to utilise specific core technologies to brand and functionality for the site. The technology For fiscal 2015, work also continued on the
enhance employee work-life balance and by will allow Judiciary staff to have a greater amount deployment of the second phase of the Voice-over-
extension, engagement and performance through of information concerning Judiciary events, Internet-Protocol (VOIP) telephony system.
prevention, identification and resolution of policies, training and development information,
personal and productivity concerns. Promoting project status reports, and court statistics in a
employee work-life balance and positive work life more timely and secure manner.
spill over is one of the strategic goals. To this end,

32 Restorative Dialogue – A Path to Justice


Staff members at Tobago Magistrates’ Court participate in an intensive workout session

STAFF HEALTH AND WELLNESS

Health and wellness are important elements


within the Judiciary that create a happier, more
efficient and productive employee base. To this
end, the Judiciary awarded a new contract for
gym instruction services and replacement of gym
equipment at the Hall of Justice gym, which was
60% completed. Approval for a new multi-gym
was given and the equipment has been ordered.

The Judiciary’s Gym Management Committee


has been fully functional and initiated several
activities for the benefit of staff. Due to financial
constraints, however, initiatives such as the
Biggest Loser Competition and the Health and
Wellness Fair were not executed during the year.

Team Xtreme Justice participates in fitness and endurance training

ANNUAL REPORT 2014-2015 33


3 CREATING A SAFE AND
PRODUCTIVE WORKPLACE
Safe, comfortable, accessible and productive
workplaces for the Judiciary’s employees and the
courts’ customers are at the very core of dispensing
justice within our society. To support our thrust
for operational excellence and the development
of a high-performance professional culture,
even as the workload of the Judiciary increases,
it is vital that the organisation’s infrastructure is
modernised and improved. Purpose-built facilities
are therefore required.

For fiscal 2015, emphasis remained on the


continued refurbishment, restoration, upgrade
and expansion of the court buildings in the
Magisterial Districts of San Fernando, Rio Claro,
Couva, Chaguanas and Siparia; Tobago Supreme
Modern day court room at San Fernando Magistrates’ Court (Madinah).
Court; Port of Spain Hall of Justice; and the San
Fernando Family Court. Activities were also
undertaken on the project to construct Judges’ and in December 2014. Construction work • Rio Claro Magistrates’ Court
Magistrates’ Housing in Tobago. The following began in January 2015, and is ongoing, with Cabinet gave approval in principle for the
represents a brief status on these projects: demolition works fully completed. However, refurbishment and expansion of the Rio Claro
work was not undertaken as planned due to Magistrates’ Court. In fiscal 2015, designs
MAGISTRATES’ COURTS funding constraints. Additional funding for were finalised and submitted for tender,
the project was disbursed in June 2015. With however, all bids were above the Cabinet-
• San Fernando Magistrates’ Court confirmation of financing in fiscal 2016, the approved budget estimate. At present, the
project is expected to be completed in January Judiciary is awaiting the recommendation
Cabinet gave approval for the completion 2016. of NIPDEC’s tender evaluation committee.
of the San Fernando Magistrates’ Court Upon confirmation of financing, it is expected
(Eastern Credit Union Building) by National For the old San Fernando Magistrates’ Court, a that an award of contract will be made for
Insurance Property Development Company feasibility study for roof works was submitted construction of the facility. The construction
(NIPDEC). Design and costing were by a consultant and the supplier was paid for is expected to be completed within eighteen
completed in fiscal 2014, and tendering the study. (18) months from award of contract.
and awarding of a contract were completed

34 Restorative Dialogue – A Path to Justice


tender and new tenders were subsequently
invited to correct this omission.

• Siparia Magistrates’ Court

Emergency modification works had to be


scheduled for the Siparia Magistrates’ Court
to accommodate additional office spaces and
upgrade the Magistrates’ garage. The Bill
of Quantities was accepted and sent to the
procurement specialist for tender preparation.

• Other Magistrates’ Courts

Mayaro: Upgrade work to the roof and other


areas were completed and final accounts were
settled.

Roxborough: Approved drawings were


submitted to the relevant statutory authorities
in Tobago for final approval.

Contractors working on renovations at the Chaguanas Magistrates’ Court. Moruga: A letter of award was submitted to
the contractor for upgrade of the Moruga
Magistrates’ Court building. Work will
• Couva Magistrates’ Court seeking further approval from Cabinet for the commence in the new fiscal year further to the
additional funding required. confirmation of funds.
With the Judicial Centre at Carlsen Field no
longer a priority of the Ministry of Justice, • Chaguanas Magistrates’ Court SUPREME COURTS
redesign work for the Couva Magistrates’
Court was completed in fiscal 2015 and an In January 2014, a contract was signed with • Hall of Justice, Port of Spain
engineering estimate was submitted for the the MTS to undertake the refurbishment of
revised design. At present, the Judiciary is the Chaguanas Magistrates’ Court. In March, During fiscal 2015, the installation of a full
awaiting a response on its queries regarding 2014, MTS invited tenders and awarded a load generator was completed at the Hall of
the new estimate from project manager contract to undertake the construction work. Justice, Port of Spain.
of the National Maintenance Training and It was discovered thereafter that a number
Security Company Limited (MTS) before of required work items had been omitted in

ANNUAL REPORT 2014-2015 35


Commissioning of the generator is awaiting
the final inspection by the Electrical
Inspectorate. Having inspected the work on
September 1, 2015 the Inspectorate made
verbal recommendations that impacts on
the specification for the automatic transfer
switch. The Judiciary is taking the necessary
steps, together with the contractor and the
project consultant from the Ministry of Works
and Infrastructure to have all issues resolved
for the final inspection and commissioning.

Additionally, tenders were invited by the


Central Tenders Board (CTB) for a design-
supervision consultant on a sole-select basis
for the works related to the upgrade of the
outrigger panels at the Hall of Justice, Port of
Spain. At present, the CTB is in discussions
with the consultant regarding negotiating a
better contract price. The contract is expected
to be awarded before September, 2015. Facilities Manager Mr. Roy De Sormeaux speaks with Area Court Manager Margot Green-Narine on the progress of renovations at
Siparia Magistrates’ Court.
• San Fernando Supreme Court

The repair and refurbishment of the roof of the


San Fernando Supreme Court was completed has completed the invitation, evaluation and GENERAL BUILDING MAINTENANCE
in fiscal 2015. recommendation phase for design and cost
consultants, the Company has not been able During fiscal 2015, a number of preventative and
SAN FERNANDO FAMILY COURT to finalise and implement the loan financing emergency maintenance works were concluded at
mechanism for the project as agreed to by various Magistrates’ and Supreme Court buildings
Cabinet gave approval for restoration of the St. Cabinet, and by extension the award of contract throughout Trinidad and Tobago. The following
Joseph’s Convent building for use as a Family to the recommended design consultant. As such, table provides information on the buildings where
Court and for the engagement of the National no significant movement has been made on the major maintenance works were completed.
Insurance and Property Development Company project. The Judiciary is awaiting an explanation
(NIPDEC) as project manager. While NIPDEC from NIPDEC.

36 Restorative Dialogue – A Path to Justice


MANAGEMENT OF SECURITY AND
Building Major Maintenance Activity for 2014/15 SAFETY IN THE JUDICIARY

Princes Town Magistrates’ Upgrade of air-conditioning system in the Registry In the year under review, various security related training
Court initiatives were undertaken in partnership with the Trinidad and
Refurbishment of prison cells Tobago Police Service, the Trinidad and Tobago Fire Services,
San Fernando Magistrates’ and Emergency Health Services. These initiatives resulted in
Refurbishment of Police Court and Process area
Court improvement in the techniques for managing security and safety
Painting and tiling of registry vault area issues among Judiciary staff and at Judiciary locations.
Installation of the fire alarm system
Upgrade of plumbing installation Steps were also taken to ensure that safety supplies and systems
Removal of guttering were maintained and updated. To this end, the re-stocking of
San Fernando Supreme Court items for the first aid kits are being procured, and the procurement
Upgrade of air-conditioning system
of safety signs is seventy-five (75) per cent complete. Tenders
Family Court, Port of Spain Upgrade of air-conditioning system have been sent out for the upgrade of emergency lighting, fire
alarm and detection systems, fire extinguishers, and fire hose
Port of Spain Magistrates’ Court Upgrade of lighting in courts reel systems. The evaluation of these tenders is currently being
Upgrade of sewer system undertaken. It is expected that installation of the latter will follow
Major roof repairs in the new financial year.
Hall of Justice, Port of Spain Refurbishment of Registrar’s Chambers During the year in review, emergency response training and
Creation of a new Chamber for Appeal Court emergency evacuation drills were also undertaken, with 30
Arima Magistrates’ Court persons being first aid recertified and seventy-five (75) persons
Refurbishment of prison cells receiving formal emergency response training as fire/emergency
Sangre Grande Magistrates’ wardens. At all buildings, general staff were part of fire and
Internal painting emergency response sensitisation exercises. Evacuation drills
Court
Installation of laminate flooring were also conducted at thirteen (13) court buildings.
Mayaro Magistrates’ Court Refurbishment of Senior Magistrates’ Chambers
The Judiciary’s OSH compliance and risk assessments for 2014
Upgrade of air-conditioning system were completed, and all reportable accidents investigated and
Rio Claro Magistrates’ Court reported to the OSH Agency as required. Corrective action was
Enclosure of Magistrates’ carport taken and all items were followed up.

Mindful of the environmental dynamics that the court is facing,


the Judiciary has also commissioned a consultant to chart a new
approach for security management in the organisation. It is
expected that the outcome of this undertaking will be a revitalised
and modern security management system.

ANNUAL REPORT 2014-2015 37


4 STRATEGIC PARTNERING
WITH COURT USERS AND
focusing on scenarios that the average citizen
encounters when coming to court.

STAKEHOLDERS This is the fourth Forum to be held since 2011


and is a continuation of the Court Protocol and
Effective communication and input from Information Unit’s outreach activities. Schools
justice sector stakeholders, the community and participating in this event were: Bishop Anstey
the courts’ customers are key to keeping the High School, Bishop’s Centenary College, East
administration of justice in touch with the needs Mucurapo Secondary School, South East Port
of society. The Judiciary’s strategic focus on of Spain Secondary School, St. Francois Girls’
partnerships provides the necessary inputs into A student engages Judicial Officers at the 2015 Secondary College, Success Laventille Secondary, Tranquility
the management of customer and stakeholder Schools Forum Government Secondary, West Mucurapo and
relationships. Woodbrook Secondary.
officers execute their functions. The separation of
CUSTOMER SERVICE PLAN powers, the concept of justice and equality before
the law, Judge’s and Magistrate’s perspective
In the year in review, work continued with the on sentencing, issues of gender, youths and the
revision of the courts’ customer service plan. courts, trial by jury and the Courts, and the wider
Among the initiatives undertaken was soliciting society were all touched during the discourse.
feedback from the courts’ external customers on
their level of satisfaction with the Judiciary’s The students quizzed a panel comprised of The
services. During the financial year, a survey Honourable the Chief Justice Mr. Justice Ivor
instrument was completed and submitted for Archie O.R.T.T., The Honourable Mr. Justice
feedback. The survey will commence in the first Malcolm Holdip, The Honourable Mme. Justice
quarter of fiscal 2016 and be completed in the Gillian Lucky and Her Worship Magistrate Sharon
second quarter of the same financial year. Gibson on all aspects of their jobs in a vibrant
exchange at the Convocation Hall, Port of Spain. Judiciary staff explain different career paths in the Criminal
OUTREACH ACTIVITIES The questions raised by the students were varied Justice System at World of Work 2015.
and well articulated. It evoked much discussion
Secondary Schools Forum from all participants. World of Work 2015

One hundred and eight (108) students, teachers The partnership between the Judiciary and The The World of Work (WOW) Programme is an
and guidance counselors from six (6) secondary University of the West Indies, leading Applied initiative in which the Judiciary partners with
schools attended a Secondary Schools’ Forum Creative Arts Company, Arts in Action has The University of the West Indies (UWI), St.
hosted by the Judiciary at the Hall of Justice on enhanced the learning component of the forum Augustine Campus, where students are exposed
March 3rd. The Forum, entitled The Judiciary with the use of the performing arts discipline. to the various career options available at the
and Society, provided students with insight into Through the use of drama, music and storytelling, Judiciary. In March 2015, over five hundred (500)
the role of the third arm of the state and how its the group aptly re-enacted dramatic pieces students visited the Judiciary’s booth and were

38 Restorative Dialogue – A Path to Justice


provided with information packages and material critical key messages and behaviours expected in probate practice and procedure). This project
on available career opportunities within the with the new corporate brand. It is recognised that addresses the concerns of practitioners about
Judiciary. as part of building the new corporate brand and the type and frequency of queries issued by the
identity for the Judiciary, the organisation must Probate Registry, with respect to applications for
encourage employees to act as ambassadors for grants of probate.
the organisation’s values, products and services.
Draft templates of the probate application
A critical constraint in moving forward with the form and the principal affidavit for the various
implementation and resource plan for the launch types of grants of probate were prepared. Upon
and roll-out of the new corporate brand has been finalisation and approval, these templates as well
the non-approval of the budget, which is still as guidelines for their use, will be disseminated
to practitioners.
engaging the attention of the Cabinet.

In the absence of dedicated funding, the Judiciary Arising out of discussions of the Bench/Bar
has proceeded with the “soft roll-out” of the Committee, a sub-committee was formed with
corporate identity through the use of the logo the mandate to develop rules, protocols or practice
Judiciary staff learn about proper usage of the new logo.
and corporate marks on documents such as directions to be adopted to address certain concerns
BRANDING ROLL-OUT our Annual Report, newspaper advertisements, surrounding electronic transmissions from the
invitations, various staff tokens and memorabilia, court to practitioners and parties, namely:
In fiscal 2012, the Judiciary engaged a service email signatures, a branded intranet, and
provider as a partner to undertake the development 1. lack of uniformity in the approach of Judges
customer brochures.
of a corporate brand and identity. This was a key in their use of electronic communication
element of the organisation’s communication and For fiscal 2016, further work will be undertaken of orders, directions, notices and
transformation agenda for creating a customer to ensure that court staff fully understands the correspondences to Attorneys at Law;
oriented and high-performance professional meaning of the brand. The Judiciary will also 2. instances of failed receipt of electronic
organisation. endeavour, within the limits of our funding transmissions from the court to Attorneys at
for 2016, to publicly launch its brand and new Law; and
The agenda focuses on performance standards, corporate identity. 3. the need for a means of authentication of
public trust and confidence, and the new corporate electronic transmissions of notices of hearing
identity. This is aimed at presenting the unique PARTNERING WITH THE LAW ASSOCIATION and other directions or orders made by or
image of the organisation, which is indicative of its OF TRINIDAD AND TOBAGO ON THE MATTER correspondence emanating from the court.
core values of excellence, accountability, integrity OF WILLS AND PROBATE
and commitment to service, while strengthening The sub-committee comprised representatives of
relationships with its customers and stakeholders Work continued on a collaborative project, which key stakeholders including members of the High
to achieve its mission. was launched in the 2012/2013 Law Term, Court Bench, the Registrar’s Office, technical
involving the Office of the Registrar of the Supreme employees of the Judiciary and the Law Association
The organisation has commenced sensitisation and Court and the Law Association of Trinidad and of Trinidad and Tobago, who volunteered
awareness sessions with its staff to communicate Tobago (through senior practitioners specialising their time and expertise in the development

ANNUAL REPORT 2014-2015 39


of guidelines for the increased utilisation of FINANCIAL AUTONOMY AND INDEPENDENCE a Commissioner for Workmen’s Compensation
this form of communication. Arising out of its FOR THE JUDICIARY or have been advertised for the information
deliberations, the sub-committee developed a of dependants of the deceased workman. All
draft practice direction, which seeks to address During the fiscal year, discussions continued with requests for the appointment of Medical Referees
the various concerns of the legal profession the Executive on the need for greater financial have been settled and the compensation claims for
by establishing a standard practice for the autonomy for the Judiciary. To this end, The payment of non-fatal disablements were settled
transmission of information. This draft practice Honourable the Chief Justice and the Minister of except where the workman opted to seek redress
direction recognised the expediency of this form Finance and the Economy, met at various times in another place.
of communication, already extensively used by during the financial year to examine the issues
the Court, as well as the increasing demand by of funding management and constraints. At The AIU continues to engage stakeholders with
persons for accessibility to information over the these meetings, the Minister of Finance and the the provision of relevant information and training
internet and the positive environmental impact of Economy was presented with various documents to enable the expedited settlement of every claim.
a paperless system. and position papers on the options and alternatives
that can be pursued to give the Judiciary greater The unique manner of the unit’s operations,
The draft practice direction was circulated for financial autonomy. together with recent technology improvements,
comment amongst the members of the legal help in the acceleration of the processing of claims.
profession and their observations noted. The Similar discussions were held with the Attorney The AIU takes pride in placing its customers
report of the sub-committee will be forwarded General subsequent to the installation of the new first and has established a Unit charter whereby
shortly to the full Bench/Bar Committee for administration in September 2015. a customer’s waiting time should not exceed ten
further consideration. (10) minutes. This objective has been achieved
ACCOUNTS AND INVESTMENTS SERVICES as every member of staff is trained in all aspects

5 IMPROVING
ORGANISATIONAL
STEWARDSHIP
The Judiciary’s Accounts and Investments Unit
(AIU) is charged with the responsibility for the
administration of all case deposits paid into court,
of the unit’s operations. This, together with the
introduction of the technology platform, is the
primary reason for the unit’s success at customer
care and the efficiency of its operations.
such as Court Orders, Maintenance Payments,
The focus area of organisational stewardship Security for Costs, Bail Bonds, Writs of Execution, There is one area of the AIU’s work that is still an
refers to obtaining adequate resources with the Proceeds from Marshall’s Sales and Workmen’s issue and concerns the panel of Medical Referees
ability to effectively and efficiently manage said Compensation Claims. that is required for the effective operation of the
resources. In addition to the routine work of the Workmen’s Compensation administration. The
Judiciary’s Internal Audit and the Finance and The roll-out of the technology platform for the Panel at present stands below the legal minimum
Accounts Units, the following represent the main implementation of the docket system using required. The Ministry of Labour is currently
activities pursued with regard to this focus area. Civil Proceedings Rules 1998 has improved engaged in the selection of suitable medical
the efficiency of the Workmen’s Compensation personnel to fill the vacancies.
operations beyond expectations. All fatal claims
filed during the period September 1, 2014 to
August 31, 2015 have either been settled, are before

40 Restorative Dialogue – A Path to Justice


Celebrating the
Judiciary Family

The Judiciary Family is friendly and highly motivated with a real passion for
service. Much is demanded of employees and regardless of their roles, they are
charged with living the organisation’s core values: Excellence, Commitment,
Accountability, Integrity and Service. Officers are sometimes required to work
long hours, which are made easier through camaraderie and the knowledge
that each step on the path to justice solidifies the legitimacy of the institution
and creates a more peaceful society.

As we highlight the Judiciary family for 2014/2015, we acknowledge the


contribution of our dedicated Drivers/Couriers. Attention is also paid to our
invaluable Administrative Professionals. We also stress the importance of
work/life balance through our Health and Wellness initiatives. Our children’s
achievements in SEA are recognised, as well as the joys they experience in the
Vacation After School Centre and the Family Court’s Christmas Party.

ANNUAL REPORT 2014-2015 41


DRIVER/COURIER

SERVING WITH DISTINCTION

A Driver/Courier performs significant


functions in the Judiciary. Often unseen,
these officers make invaluable contributions
to the effectiveness of Court operations and
administrative functions. They are responsible
for the delivery of correspondence and records,
transportation of personnel, office supplies and
equipment. They are also very familiar with
many of the operations of the organisation.

Another function performed by these officers is


the transportation of Judges and Court officers,
in instances where it may be necessary to see the
physical layout of a crime scene or the subject
matter of a dispute (locus in quo). They are also
responsible for transporting staff who provide
support services at various court locations.

The job function is multifaceted and requires


professionalism, confidentiality, patience and
a good working knowledge of the road network
throughout Trinidad and Tobago. The service they LEFT TO RIGHT – Mr. Marlon Mannette, Mr. Ramdath Bhagoo, Mr. Hugh Cadogan, Mr. Kern Jones, Mr. Sheldon Joseph, Mr. Dexter
perform is exemplified by teamwork, commitment Moore, Mr. Patrick Thomas and Mr. Armos Douglin; CENTRE – Mr. Mark Jeffery and Mr. Lennox Ramsey.
and customer care. Judiciary Drivers/Couriers
are among the visible faces of the Judiciary who exposed to training in defensive driving skills and
interact with staff and members of the public at all are required to practice proper road safety habits
court locations throughout Trinidad and Tobago. at all times.

The Judiciary’s Drivers/Couriers recognise that These valuable members of staff support the daily
driving is not merely a task, but a duty, one which operations of the Court through their dedication
they treat with utmost importance. Officers are to service.

42 Restorative Dialogue – A Path to Justice


STAFF EVENTS

FAMILY COURT’S CHILDREN’S


CHRISTMAS PARTY

The Family Court’s 2014 edition of the annual


Children’s Christmas Party once again proved to
be a fun-filled festive occasion, rounding off the
social calendar in an air of merriment.

On December 6, scores of children, parents and


guardians congregated at Queen’s Royal College
to take part in the celebrations held under the
auspices of Mrs. Denise Rodriguez-Archie. Those
present were greeted by The Honourable the Chief
Justice Mr. Justice Ivor Archie O.R.T.T.

The event also got the nod of support—by way


of attendance—of the Registrar of the Supreme
Court of Trinidad and Tobago, Ms. Jade Rodriguez,
and Deputy Court Executive Administrator, Mr.
Jerome Mark.

Mrs. Rodriguez-Archie interacted with children


from various institutions, including St. Jude’s
School for Girls and St. Dominic’s Children’s Mr. Jerome Mark, Deputy Court Executive Administrator, talks to Santa Claus at the Family Court Children’s Christmas party.
Home. Children from various primary schools
within Port of Spain and environs, along with and adults. The youngsters were treated to an Celebrating Administrative Professionals
children of members of staff, all had a wonderful interactive puppet show and some adults also
time at the event. sneaked in a ride with the children on the airplane In April 2015, the Judiciary’s two hundred (200)
carousel. administrative professionals were celebrated at
Among the attractions were a petting zoo, face this year’s Administrative Professional Day. The
painting, a wacky photo booth, rock wall climbing Indeed, the Children’s Christmas Party continues theme embodied the true meaning of being an
and, of course, Santa and his helpers distributing to be the highlight of the season on the Court’s administrative professional:
gifts and taking pictures with both children schedule.

ANNUAL REPORT 2014-2015 43


STAFF EVENTS

Judiciary says thank you to Administrative Professionals with a


luncheon seminar on critical problem solving skills.

Creative thinking + critical thinking = effective


problem solving.

The venue for the function was the Hilton


Trinidad, where the administrative professionals
were honoured for their excellence in upholding
the Judiciary through their seamless work.
The day was indeed a remarkable one filled The Hon. the Acting Chief Justice Mr. Justice Allan Mendonca, J.A. and students at the ceremony to recognise the children of staff who
sat the 2015 Secondary Entrance Assessment exam.
with the presence of Executive Administrative
Support Officers, Executive Secretaries, Judicial
S.E.A. CEREMONY The students were addressed by Registrar and
Secretaries, Personal Administrative Assistants,
Marshal Ms. Jade Rodriguez, The Honourable
Clerical Typists and On-the-Job Trainees holding
“Dare to Dream” was the theme of this year’s S.E.A. Madame Justice Gillian Lucky and the Honourable
an Administrative Assistant role. All officers were
Ceremony. It was the a sentiment echoed by each the Acting Mr. Justice Allan Mendonca. Keynote
honoured by The Honourable the Chief Justice,
person or group that attended this celebration of speaker Madame Justice Lucky made a colourful
their supervisors and members of the Court
success and the acknowledgement of the closing and unforgettable presentation: she theatrically
Administrative Unit. A special tribute was made
of a chapter and beginning of a new one—riddled enforced her message with song and dance. She
to Ms. Daiokee Sooknanan, Clerk Typist 1, who
with possibility. The event was etched with pride, dared the attendees to dream and listen to the
retired after thirty-six (36) years of exceptional
joy and laughter, along with sound advice for a wise as they give beneficial advice that can help
service to the Judiciary.
future of limitless dreams. steer them in the right direction.

44 Restorative Dialogue – A Path to Justice


The Vacation & After School Centre (VASC) staff pose for a
photo with Santa Claus and the children.

THE VACATION AND AFTER SCHOOL CENTRE

The Vacation & After School Centre supports


staff members with the care of their children Children play with a horse at the Police Service K-9 and Mounted Branch facility.
after normal school hours (usually 2:30 p.m. to • Drama
and vacation camps where children are exposed
4:15 p.m), in cases of early dismissal, off days • Magic Shows
to various enjoyable learning activities. These
and during vacation periods. During the regular • Balloon Art
include:
school terms of September to December, January
• Storytelling, facilitated by personnel from the
to March/April and April to July, the Centre In December 2014, the Centre held its first
National Library and Information Services
provides support that ensures children complete Christmas Party, which catered for children
• A nutrition programme, facilitated by
their homework and other assignments. The registered at the Centre and those who utilised the
Mrs. Fadwa Ghafur-Lett, a Registered
Centre also helps children with reading, spelling services during its first year of operation.
Dietician who works at the Civil Court Office
and other basic learning activities.
• Gym and fitness activities, supported by
qualified instructors from the Judiciary In 2015, the Vacation Fun Tours took students to
During vacation periods, the Centre facilitates the Wild Fowl Trust, the Police K-9 & Mounted
Health & Wellness Programme
fun activities, which vary depending on the length Branch, the Kiss Baking Company, the Nestlé
• Visits to sites of interest, e.g. National
of the vacation, including Vacation Fun Tours Factory and the Trinidad and Tobago Fire Services.
Museum

ANNUAL REPORT 2014-2015 45


STAFF EVENTS

The Centre currently has a capacity to enrol brings balance to the body and mind. They were preparations and have participated in the pre-
fifteen (15) students at a time. There were nine (9) conducted on an eight (8)-week cycle and were events of the 2015 HARDCORE challenge.
students enrolled for the April to July school term, favourably received.
up slightly from seven in the previous term, while With increased gym usage in Port of Spain, as
the July Camp was fully subscribed. Another venture undertaken by four (4) members well as the Judiciary’s participation in Hardcore
of the Judiciary family was Fusion Lite. On April 2015, two (2) new gym instructors have been
By providing this type of support, the Centre 12, 2015, these daring individuals completed the added to the Health & Wellness programme. New
eases some of the stress faced by those members 18-kilometre pre-race to Fusion IX. Fusion Lite gym equipment has been ordered for the Hall of
of staff who may have difficulty finding either the is an event which takes competitors through Justice and the Committee has recommended that
resources or the activities to keep their children mountain trails and tests team spirit, camaraderie, similar equipment be provided to other locations,
safe and occupied with wholesome activities ingenuity, skill and commitment. Later in the once there is suitable space and demand for the
during their time off from school. year, a team of twenty-five (25) persons began service.

HEALTH & WELLNESS INITIATIVES

The Employment Assistance Programme (EAP)


Unit continued to foster health and wellness
opportunities for the staff of the Judiciary. In
addition to previous initiatives, a three (3)-month
pilot programme was launched at six (6) court
locations in January 2015, which included aerobic
classes at San Fernando, Rio Claro, Tobago, Point
Fortin and Couva. Based on the participation
and response, a decision was taken to extend the
programme to Tobago, San Fernando and Rio
Claro for a further six (6) months. This initiative
has been successful and the Gym Management
Committee hopes that the service will be expanded,
based on interest and availability of funding.

Yoga therapy classes were introduced in San


Fernando (Supreme Court) and Port of Spain
(Hall of Justice). Yoga therapy focuses on health
and wellness at all levels of the person and Team Xtreme Justice participates in the 2015 extreme sport event called Hardcore.

46 Restorative Dialogue – A Path to Justice


DEPARTURES

The Honourable Madame Justice After serving as a Temporary Judge for six (6)
Maureen Rajnauth-Lee, JA months she assumed as a permanent Judge
effective September 1, 2001. She was the second
Madame Justice Rajnauth-Lee, after serving Judge assigned to the Family Court Pilot Project
fourteen (14) years on the bench, three (3) of where she was a part of a system which adopted a
which were as a Judge of the Court of Appeal, holistic approach to resolving family disputes. She
retired from the Supreme Court of Trinidad and became more of a mediator in a process previously
Tobago in March 2015. She has since assumed the considered adversarial. During her tenure at the
position of Judge at the Caribbean Court of Justice. Judiciary, Madame Justice Rajnauth-Lee served
A graduate of The University of the West Indies on vital committees. She was the chairman of the
with a Bachelor of Laws degree in 1976 and from Calendaring and Case Management Committee
the Hugh Wooding Law School with the Legal and the Continuity of Operations Committee.
Education Certificate in 1980, she was admitted Currently, she is the Vice President of the
to the Bar in the same year. From January 1981 Caribbean Association of Women Judges and of
to October 1985, Madame Justice Rajnauth-Lee the Trinidad and Tobago Women Association of
served as State Counsel in the Attorney General’s Judges.
department, attaining the position of Senior
State Counsel, before embarking on a career in Madame Justice Rajnauth-Lee was appointed
private practice between 1985 and 2001. She has to the Court of Appeal on October 8, 2012, after
practised in the Civil Law jurisdiction and served eleven (11) years on the High Court Bench. She
as Vice-Chairman of the Disciplinary Committee was the third female Judge to have been appointed
of the Law Association of Trinidad & Tobago from at the Court of Appeal Bench. Her predecessors
1998 to 2001. were The Honourable Madame Justice Paula-Mae
Weekes and Madame Justice Alice Yorke-Soo
Hon.

ANNUAL REPORT 2014-2015 47


DEPARTURES

His Worship Michael Broomes


On completion of his first degree in Agriculture
His Worship Michael Broomes, joined the Science, Magistrate Broomes began his career in
Judiciary on February 2, 2004 as an Assistant the public service as a Temporary Clerk in July
Registrar of the Supreme Court. He was 1972, during the vacation period. He worked in
promoted to Magistrate in July of 2006 and various clerical positions both in Tobago and
assumed duties in that position on September Trinidad where he was promoted to Agriculture
19, 2006 where he worked until his retirement. Officer I (Research) in the Ministry of Agriculture
Mr. Broomes is a holder of a Bachelor of Laws in 1984 where he worked until August 2001.
degree from The University of the West Indies, He assumed the position of Legal Advisor to
and Legal Education Certificate (LEC) from the the Ministry of Agriculture in 2001 where he
Sir Hugh Wooding Law School in 1997. He is remained until he joined the Judiciary.
not only a professional in the law fraternity but
also in the agriculture industry. He was awarded a “Working in the Judiciary was my most rewarding
government scholarship where he graduated from and enjoyable experience. It was a humbling and
The University of the West Indies, St. Augustine much appreciated honour and privilege to have
with a Bachelor of Science Degree in Agriculture, been given the opportunity to work in the Judiciary
majoring in Animal Science. He was awarded the in the service to my country. I thank all those
prize for the most outstanding student in Animal who contributed to making my work experience
Science. in the Judiciary so enjoyable. I thank God for his
blessings, which I shall continue to rely on as I
begin a new and more exciting phase of my life.”

48 Restorative Dialogue – A Path to Justice


Her Worship Senior Magistrate
Annette Mc Kenzie

Senior Magistrate Annette Mc Kenzie graduated


from the Hugh Wooding Law School in 1981. After
graduating, Ms. Mc Kenzie worked as a junior
attorney in the chambers of Winston Gaspard
for a period of three (3) years. She then ventured
into private practice in Chaguanas until 1991 when
she was appointed as a Magistrate. Ms. Annette Mc
Kenzie served as a magistrate for twenty-four (24)
years, retiring as a Senior Magistrate on April 1 2015.

ANNUAL REPORT 2014-2015 49


NEW APPOINTMENTS

The Honourable Madame Justice Practice. Between 1996 and 2002, she served as
Judith Jones, JA Director of the Legal Aid and Advisory Authority
of Trinidad and Tobago. Madame Justice Jones
Madame Justice Jones was elevated to the Court was also a long-standing member of the Council of
of Appeal on June 2, 2015 after eleven (11) years the Law Association of Trinidad & Tobago and the
on the High Court Bench. With the introduction Disciplinary Committee of the Law Association
of the Civil Proceedings Rules in 2005, she during her tenure at the aforementioned
served as a member of the Court Calendaring and organisation.
Monitoring Committee. She is also a member of
the Board of the Judicial Education Institute of While in private practice, she worked on several
Trinidad & Tobago and became a Fellow of the Cabinet-appointed committees, including a
Commonwealth Judicial Education Institute in committee to update domestic violence legislation
2010. and another to establish police protocols for
handling domestic violence complaints. She also
Madame Justice Jones is a qualified mediator. She had the privilege of participating in the Train the
received training in civil and family mediation Trainers advocacy programme administered by
from the University of Southern Florida in 1998. Gray’s Inn and remains committed to training
She serves as a tutor at the Hugh Wooding Law young lawyers in advocacy skills.
School in both Evidence and Civil Procedure and

50 Restorative Dialogue – A Path to Justice


The Honourable Madame Justice in private practice as an Associate Attorney-at-Law
Margaret Mohammed with Alexander Jeremie & Co. from 1995 to 1997.
This was followed by a tenure as Legal Advisor,
Madame Justice Mohammed was appointed Public Utilities Commission from October 1997
to the bench on December 1, 2014. She is no to September 2001.
stranger to the Judiciary, having previously served
the organisation for more than ten (10) years as Madame Justice Mohammed is a graduate of the
Assistant Registrar & Deputy Marshal of Supreme Faculty of Law, The University of the West Indies
Court from 2001 to 2011; acting Deputy Registrar (UWI) Cave Hill Campus. She received her Legal
of the Supreme Court in 2010 and Acting Master Education Certificate from the Hugh Wooding
of the Supreme Court from 2011 to 2012. She Law School in 1995 and was admitted to the Bar
later became a High Court Judge of the Eastern in October of that year.
Caribbean Supreme Court from November 2012
to October 2014. Madame Justice Mohammed is the wife of Mr.
Justice Kokaram. This is the first time in the
Before joining the Tax Appeal Board as Registrar country’s history that a husband and wife are
(Ag.) in 2003, Madame Justice Mohammed was presiding on the local Bench.

ANNUAL REPORT 2014-2015 51


NEW APPOINTMENTS

The Honourable Madame Justice Jamaica (currently known as Financial Services


Eleanor Donaldson-Honeywell Commission). She was also one of the first
legal officers to be employed at the Fair Trading
The Honourable Madame Justice Eleanor Commission in Jamaica.
Donaldson-Honeywell joined the Judiciary on
June 1, 2015. Prior to her appointment, she A graduate of The University of the West Indies
enjoyed an extensive and varied legal practice as and the Hugh Wooding Law School, she was
an attorney-at-law and Judicial Officer in Jamaica admitted to the Bar in Trinidad and Tobago in
from 1990 to 2003. From 1990 to 1995 Madame 1989 and then in Jamaica in 1990. In 2010, she
Justice Donaldson-Honeywell was engaged in graduated from the Arthur Lok Jack Graduate
civil litigation practice, including a three (3)-year School of Business with an EMBA (Distinction
period as an Associate Attorney in private practice and Top Student). The Honourable Madame
in Jamaica. This practice included instructing Justice Donaldson-Honeywell has been trained
and advocacy work up to the appellate level with in a variety of areas, including Judicial Education
commendation. as a Commonwealth Judicial Education Institute
Fellow at Dalhousie University, Canada, in 2006;
Her experience included presiding in criminal Securities Regulation at the US Securities and
trials and preliminary inquiries as a Resident Exchange Commission and Competition Law at
Magistrate at the Kingston Corporate Area the US Federal Trade Commission.
(Criminal Division), as well as intermittently in
the Civil and Family Courts from 1999 to 2003. Madame Justice Donaldson-Honeywell served
She also played a pioneering role in the emerging as Solicitor General and head of the Civil Law
regulatory fields of Securities Law Regulation department in the Ministry of the Attorney
and Competition Law Regulation. From 1995 General from February 2010 to January 2014 and
to 1999, she was Director of Legal Services subsequently engaged in private practice before
and Enforcement, Securities Commission, her appointment to the bench.

52 Restorative Dialogue – A Path to Justice


Ms. Jade Rodriguez, Registrar & Marshal the Judiciary, she has been promoted to Registrar
& Marshal of the Supreme Court of Judicature.
Ms. Rodriguez holds an LLB (Hons) from
The University of the West Indies (Cave Hill) Ms. Rodriguez also holds certification in
and a Legal Education Certificate from the Sir Alternative Dispute Resolution and Mediation and
Hugh Wooding Law School. Prior to joining is a Mediator in Civil Non-Family Matters. She
the Judiciary, she was an Associate Attorney was Vice-Chairman of the Implementation Team
in private practice specialising in mortgagee with respect to the Administration of Justice Act
actions, personal injury and property damages 2011 and is a member of the Appreciative Inquiry
claims, trademark infringement, debt collection Committee responsible for the Judiciary Strategic
and other commercial law matters. She joined A.I. Summit of 2013. Ms. Rodriguez is also an
the Judiciary as Assistant Registrar & Marshal in Associate Tutor in Civil Practice and Procedure at
November 2005 at the newly established Family the Hugh Wooding Law School and is a member
Court, eventually becoming Deputy Registrar and of the Board of the Judicial Education Institute of
Marshal in 2011. After ten (10) years of service to Trinidad and Tobago.

Ms. Simone Fazia Hosein, Deputy Registrar Before joining the Judiciary in December 2008,
and Marshal Ms. Hosein was an Associate Attorney-at-Law
in private practice since 2004, where she was
Ms. Hosein holds a BA (Hons), History and an involved mainly in areas of general litigation and
LLB (Hons) from The University of the West practice, probate and intellectual property.
Indies. She was admitted to practise Law in
Trinidad and Tobago after obtaining her Legal Ms. Hosein assisted with preparation of the
Education Certificate (Principal’s Honour Roll) Judiciary’s Desk Manual for use by staff in the Civil
from the Hugh Wooding Law School in 2004. Court Office in 2012 and had sole responsibility
Over the past six years she has served as Assistant for preparing the draft Bail Manual for use in the
Registrar & Deputy Marshal in all Supreme Court Criminal Registries in 2013. She is also a member
areas including Port of Spain, San Fernando, of the Family Proceedings Rules Committee
Tobago and the Family Court. and a Judiciary representative on the Ministry of
Gender, Youth and Child Development Planning
Committee to develop a National Children’s
Registry.

ANNUAL REPORT 2014-2015 53


NEW APPOINTMENTS

Ms. Nirala Bansee-Sookhai, Deputy Registrar Bar in 2002. She is a graduate of the University
& Marshal of London and the Hugh Wooding Law School.
Prior to her appointment as Assistant Registrar &
On January 30, 2015 Ms. Bansee–Sookhai Deputy Marshal in January 2009, she served as
assumed the position of Deputy Registrar & Legal Officer I and II at the Chief State Solicitor
Marshal (Ag.), Family Court of Trinidad and Department, Ministry of the Attorney General
Tobago. Ms. Bansee-Sookhai was admitted to the from 2002 to 2008.

Mr. Justice Roger Hamel-Smith, Programme Justice Hamel-Smith’s career spans more than 40
Director, JEITT years, commencing with his admission to practice
as a solicitor in April 1969. He was appointed
Mr. Justice Roger Hamel-Smith returned to the a Judge of the High Court in 1987, and three (3)
Judiciary as Programme Director of the Judicial years later he was elevated to the Court of Appeal
Education Institute of Trinidad and Tobago and retired in 2009. During his tenure, Justice
(JEITT) on October 1, 2014. He is the first Hamel-Smith served as Chief Justice on several
appointee to this post, following the restructuring occasions, the longest being a period of fourteen
of the Institute in 2011. Justice Hamel-Smith (14) months between July 2006 and December
exercises general control over all the programmes, 2007.
activities and related policies and development
projects of the Institute.

54 Restorative Dialogue – A Path to Justice


Mr. Recarb Ali, Deputy Court Executive for the development and operation of the Court
Administrator Planning Unit and during the period was able to
make progress in a number of areas regarding
Mr. Ali assumed the position of Deputy Court the organisation’s development, including the
Executive Administrator in the Department of completion of the latest strategic plan for the
Court Administration in February, 2015. Mr. Ali Judiciary.
joined the public service in 2001 as an Economist
I, and has held various positions at the Ministry Mr. Ali is the holder of a BSc in Economics and
of the Local Government and the Ministry of the Management Studies (minor) and an MSc in
Attorney General prior to joining the Judiciary Economics from The University of the West
in 2009 as Director of Planning. In the position Indies, and is also a Kaplan-Norton Balanced
of Director of Planning, Mr. Ali was responsible Scorecard Certified Graduate.

Ms. Gerarda Cassandra Holder, Court Archivist Ms. Holder has been a lecturer at The College of
and Records Manager Science Technology and Applied Arts of Trinidad
and Tobago (COSTAATT), in the Certificate in
Ms. Holder assumed the position of Court Records Management from its inception. She
Archivist and Records Manager on March 2nd, supervised the Records Management Practicum,
2015. Ms. Holder obtained her Masters of Library then went on to lecture the Introduction to Records
and Information Studies (MLIS) with specialisation Management, Electronic Records Management
in Preservation Management from the University and Archives Management. Ms. Holder is also the
of Pittsburgh in 2004. She completed several subject specialist for Records Management within
courses in Records Management and Archives the Library Degree Programme at COSTAATT.
Management and learned the applications As the subject specialist she created the Archives
necessary for the short and long-term preservation Management course specifically suited to the
of archival documents, both paper and digital. She needs of Library students, as opposed to the skills
also acquired extensive experience in the creation required for the Records Management students.
and implementation of policies and procedures
for the preservation of archival documents. In addition, Ms. Holder has worked as a Librarian
at the Heritage Library Division, NALIS; University
of Trinidad and Tobago O’Meara Campus &
Technical Services Division: Cataloguing.

ANNUAL REPORT 2014-2015 55


NEW APPOINTMENTS

Mr. Roy De Sormeaux, Facilities Manager Air-conditioning and Refrigerating. In addition,


Mr. De Sormeaux also earned certification in
Mr. De Sormeaux assumed the position of cabinet note writing, modern maintenance
Facilities Manager on April 1, 2015. He is management technique and dealing with difficult
responsible for the maintenance of the Judiciary of conversations.
Trinidad and Tobago with Facilities Management.
He has training and strong estimation skills Mr. De Sormeaux’s knowledge and experience
in electrical installation, air-conditioning and will aid in the substantial development of the
building technology. Certified in Real Estate Sales, Judiciary’s infrastructure, such as installation of
Project Management, Facilities Management new chillers at the Hall of Justice and of new air-
and Human Resource Management, Mr. De conditioning units at the San Fernando Supreme
Sormeaux has always been motivated towards self and Magistrate Courts. Refurbishment work,
development from his youthful days; earning his has also been done at the Rio Claro Magistrates’
certificate in Electrical Installation while still at Court, Mayaro Magistrates’ Court, Family Court,
secondary school, and shortly after a diploma in Couva Magistrates’ Court and the Point Fortin
Magistrates’ Court.

Ms. Kemba Marcano, EAP Administrator pursuit of Sangha yoga teacher training where she
focuses on the power of breath and movement in
Ms. Marcano is an Employee Assistance treating with anxiety and depression.
Professional with a BSc in Psychology from
Florida Memorial University and a Master’s Ms. Marcano teaches Psychology and Social Work
degree in Social Work from The University of the courses at the Open Campus of the University of
West Indies. the West Indies on a part-time basis and also has
experience is Human Resource Development and
Prior to joining the Judiciary in August 2015, she Customer Service. Ms. Marcano is a member of the
operated as Employee Assistance Programme Co- Employee Assistance Professionals Association
ordinator for one of the country’s leading external (EAPA) as well as EAPA’s Trinidad and Tobago
Employee Assistance Programme providers. Her Branch.
interest in the mind/body connection led to the

56 Restorative Dialogue – A Path to Justice


Ms. Annette Innis-Gittens, Office Manager, Accountant and Administrative
Administrative Officer IV Assistant in the Human Resources Unit. Her last
posting was at the Ministry of Public Utilities in
Mrs. Annette Inniss-Gittens, is a veteran the position of Administrative Officer II and IV
of the public service. She assumed duty as for a period of four and a half years.
Administrative Officer IV on August 3, 2015,
bringing with her thirty (30) years’ experience in Mrs. Inniss-Gittens also held a contracted
several areas of public service administration and position as a New Systems Facilitator in the
policy development. The diverse experience she Ministry of Public Administration, where she
has attained throughout her career will support supported the process of change management
the activities of the Judiciary in its goals and and transformation throughout the public
objectives of transformation to meet the needs of service. Her educational background supports
the citizens of Trinidad and Tobago. her diverse interests and she holds certificates
from The University of the West Indies in Pre-
Mrs. Inniss-Gittens’ tenure in the public service school Teaching, Pre-school Management,
began in the Ministry of Local Government Management Information Systems and Public
where she worked in many areas, including Administration. She has also holds introductory
Accounts, Registry and Administration. She has certificates in Project Management (PRINCE2)
held positions from Clerk I to IV, Tenders Clerk, and Procurement (CIPS) from United Nations
Development Programme.

ANNUAL REPORT 2014-2015 57


MEMBERS OF THE SUPREME COURT OF JUDICATURE

CHIEF JUSTICE AND Honourable Mr. Justice Robin Mohammed


PRESIDENT OF THE COURT OF APPEAL Honourable Mme. Justice Allyson Ramkerrysingh
Honourable Mr. Justice Hayden St.Clair-Douglas
The Honourable the Chief Justice, Mr. Justice Ivor Archie Honourable Mr. Justice Ricky Rahim
Honourable Mr. Justice James Aboud
COURT OF APPEAL Honourable Mr. Justice David Harris
Honourable Mme. Justice Betsy Ann Lambert-Peterson
Honourable Mr. Justice Allan Mendonca, J.A. Honourable Mme. Justice Maria Wilson
Honourable Mme. Justice Paula-Mae Weekes, J.A. Honourable Mr. Justice Frank Seepersad
Honourable Mr. Justice Peter Jamadar, J.A. Honourable Mme. Justice Sandra Paul
Honourable Mme. Justice Alice Yorke-Soo Hon, J.A. Honourable Mr. Justice Norton Jack
Honourable Mr. Justice Nolan Bereaux, J.A. Honourable Mme. Justice Althea Alexis-Windsor
Honourable Mr. Justice Rajendra Narine, J.A Honourable Mme. Justice Andrea Smart
Honourable Mr. Justice Gregory Smith, J.A Honourable Mme. Justice Nadia Kangaloo
Honourable Mr. Justice Prakash Moosai, J.A. Honourable Mme. Justice Gillian Lucky
Honourable Mr. Justice Mark Mohammed, J.A. Honourable Mme. Justice Margaret Mohammed
Honourable Mme. Justice Judith Jones, J.A. Honourable Mme. Justice Eleanor Donaldson-Honeywell

HIGH COURT MASTERS OF THE HIGH COURT

Honourable Mr. Justice Joseph Tam Master Patricia Sobion Awai


Honourable Mr. Justice Malcolm Holdip Master Martha Alexander
Honourable Mme. Justice Mira Dean-Armorer Master Marissa Robertson
Honourable Mme. Justice Carol Gobin
Honourable Mme. Justice Joan Charles REGISTRAR AND MARSHAL
Honourable Mme. Justice Charmaine Pemberton
Honourable Mr. Justice Devan Rampersad Ms. Jade Rodriguez
Honourable Mr. Justice Geoffrey Henderson
Honourable Mr. Justice Peter Rajkumar DEPUTY REGISTRAR AND MARSHAL
Honourable Mr. Justice Andre des Vignes
Honourable Mr. Justice Vasheist Kokaram Ms. Simone Hosein
Honourable Mr. Justice Ronnie Boodoosingh Mrs. Nirala Bansee-Sookhai
Honourable Mme. Justice Carla Brown-Antoine
Honourable Mr. Justice Devindra Rampersad

58 Restorative Dialogue – A Path to Justice


ASSISTANT REGISTRAR AND Her Worship Ejenny Espinet
DEPUTY MARSHAL Her Worship Gillian Scotland
Her Worship Armina Deonarinesingh
Mr. Toolsie Ramdin Her Worship Gail Gonzales
Ms. Claudette Barrington His Worship Rajendra Rambachan (Ag.)
Mrs. Margaret Sookraj-Goswami His Worship Rae Roopchand (Ag.)
Mrs. Shabiki Cazabon
Mrs. Lonette Duane- Diamond MAGISTRATES
Ms. Marissa Ramdass
Mrs. Tricia Bhagwandeen-Sadho His Worship Siumongal Ramsaran
Mrs. Candice Cielto-Jones Her Worship Sharon Gibson
Mr. Vigel Paul Her Worship Margaret Alert
Ms. Kerri Ann Oliverie Her Worship Maureen Baboolal-Gafoor
Ms. Renee Mc Clean Her Worship Michele Maharajh-Brown
Her Worship Avason Quinlan
MEMBERS OF THE MAGISTRACY OF TRINIDAD &TOBAGO Her Worship Halcyon Yorke-Young
His Worship Melvin Daniel
Chief Magistrate His Worship Andrew Stroude
Her Worship Gloria Jasmath
Her Worship Marcia Ayers-Caesar Her Worship Christine Charles
His Worship Adrian Darmanie
Deputy Chief Magistrate Her Worship Indira R. Misir-Gosine
Her Worship Alicia Chankar
His Worship Patrick Mark Wellington Her Worship Lesley-Ann Banfield-Khan
His Worship Brambhanan Dubay
SENIOR MAGISTRATES Her Worship Lisa Ramsumair-Hinds
His Worship Alexander Prince
Her Worship Nannette Forde-John Her Worship Cheron Raphael
Her Worship Cherril-Anne Antoine Her Worship Wendy Dougdeen-Bally
Her Worship Cardenas-Ragoonanan His Worship Aden Stroude
Her Worship Indrani Cedeno Her Worship Taramatie Ramdass
Her Worship Debra Quintyne Her Worship Ava Vandenburg-Bailey
Her Worship Maria Busby Earle-Caddle Her Worship Debby Ann Bassaw
Her Worship Jo-Anne Connor Her Worship Nalini Singh

ANNUAL REPORT 2014-2015 59


MEMBERS OF THE SUPREME COURT OF JUDICATURE

His Worship Indar Jagroo Vacant, Court Head, Human Resources


Her Worship Rehanna Hosein Vacant, Court Protocol & Information Manager
His Worship Glen Mahabir
Her Worship Natalie Hamilton-Diop SENIOR SUPERVISORY STAFF
His Worship Carl Quamina
Her Worship Marissa Gomez Ms. Maureen Matthews-Ochoa, Section Manger & 2nd Deputy Marshal, San
Her Worship Adia Mohammed Fernando Criminal
Her Worship Sherene Murray-Bailey Ms. Maria Zama, Section Manager & 2nd Deputy Marshal, San Fernando Civil
Her Worship Erica Baptiste-Ramkissoon Ms. Ena Williams, Section Manager & 2nd Deputy Marshal, Criminal (Ag.)
Her Worship Rehana Ali Ms. Ralph Daniel, Section Manager & 2nd Deputy Marshal, Court of Appeal (Ag.)
Ms. Gemma Taylor- Salandy, Section Manager & 2nd Deputy Marshal, Civil (Ag.)
COURT ADMINISTRATIVE UNIT Ms. Deborah Marchand, Section Manager & 2nd Deputy Marshal, Probate (Ag.)
Mrs. Jacynthia Ali, Section Manager & 2nd Deputy Marshal, Clerk to the Judges (Ag.)
Ms. Michelle Austin, Court Executive Administrator Ms. Isora Hoskins, Section Manager & 2nd Deputy Marshal, Family Court (Ag.)
Mrs. Marcia Ayers-Caesar, Chief Magistrate Mr. Siewchan Bridgelal, Clerk of Appeal (Ag.)
Ms. Jade Rodriguez, Registrar and Marshal Ms. Debra Lyn Boodoo, Head, Marshals Assistants (Ag.)
Mr. Jerome Mark, Deputy Court Executive Administrator Ms. Yasmin Hosein, Accountant II (Ag.)
Mr. Recarb Ali, Deputy Court Executive Administrator Ms. Arlene Briggs-Pascall, Accountant I (Ag.)
Ms. Sherlanne Pierre, Administrative Secretary to the Chief Justice Ms. Lena Peters, Accountant I (Ag.)
Mrs. Farisha Mohammed, Director, Finance and Accounts Unit Vacant, Accounting Executive (Ag.)
Mrs. Carol Herbert, Information Technology Manager Ms. Lisa Haynes, Office Manager (Ag.)
Mr. Jameson Melville, Accounts and Investment Officer Ms. Lynette Isaac, Court Library Manager (Access Services)
Mrs. Carol Ford-Nunes, Director, Court Library Services Unit Ms. Celina Griffith, Librarian III
Mr. Allan Jones, Deputy Judiciary Security Manager Ms. Elizabeth Cross, Human Resource Officer III (Ag.)
Ms. Michelle Mayers, Senior Legal Officer Ms. Anita Roodal, Human Resource Officer III (Ag.)
Ms. Jennifer Leach, Manager, Court Reporting Services Unit Mrs. Karen Julien-Serrette, Court Statistician
Mrs. Eleanor Sammy, Asst. Family Court Manager
Mr. Roy De Sormeaux, Facilities Manager
Ms. Chitra Ramoutar, Ag. Auditor II
Mr. Kent Jardine, Judicial Educator
Mrs. Cecilia Mc Kenzie, Business Operations Coordinator
Ms. Gerada Holder, Court Archivist and Records Manager
Mrs. Annette Inniss-Gittens, Ag. Administrative Officer IV
Mr. Sean O’Brien, Director, Court Research and Statistics

60 Restorative Dialogue – A Path to Justice


CLERKS OF THE PEACE Pt. Fortin
Mr. John Dickson – Clerk of the Peace II
Port of Spain Ms. Neilan Samad – Assistant Clerk of the Peace
Ms. Rita Baney – Clerk of the Peace III
Ms. Phyllis Pierre-Ramkissoon – Clerk of the Peace II Princes Town
Ms. Annmarie Ramlogan– Clerk of the Peace II Ms. Norisha Pundit – Clerk of the Peace II
Ms. Linda Sookdeo – Clerk of the Peace I Mr. Clifford Sukhu – Assistant Clerk of the Peace
Ms. Denise Mahabir – Assistant Clerk of the Peace
Rio Claro
San Fernando Ms. Bhogabate Maharaj – Clerk of the Peace II
Ms. Zorina Ali-Dan – Clerk of the Peace III Ms. Monica Boodoosingh – Assistant Clerk of the Peace
Ms. Chandraprabha Hosein – Clerk of the Peace II
Sangre Grande
San Fernando (Madinah) Mr. Junior Hills – Clerk of the Peace II
Ms. Mary Jasper-Philip – Clerk of the Peace II Ms. Anna Marie John – Assistant Clerk of the Peace
Ms. Chandaye Darsoo – Clerk of the Peace I
Siparia
Arima Ms. Jacqueline Sargeant – Clerk of the Peace II
Ms. Michaelene Smart – Clerk of the Peace II Mr. Kevin King – Assistant Clerk of the Peace
Ms. Nicole Ajim – Assistant Clerk of the Peace
Tunapuna
Chaguanas Ms. Yvonne Ramrattansingh– Clerk of the Peace II
Mr. Ulric Kanhai – Clerk of the Peace II Ms. Lutchmin Smith – Assistant Clerk of the Peace
Ms. Mary Ali – Assistant Clerk of the Peace
Tobago
Couva Ms. Carol John-Sandy – Clerk of the Peace II
Ms. Sandra Soogrim-Ramsaran – Clerk of the Peace I Ms. Karil Kerr – Assistant Clerk of the Peace
Ms. Susan Ramnath – Assistant Clerk of the Peace
Family Court
Mayaro Mr. Daniel Williams – Clerk of the Peace II
Ms. Mala Singh-Dookie – Clerk of the Peace II Mr. Hayden Dillon – Assistant Clerk of the Peace
Ms. Seranie Mohammed – Assistant Clerk of the Peace

ANNUAL REPORT 2014-2015 61


NEW APPOINTMENTS

Justice of Appeal Ms. Lamisha Langley, June 6, 2015


Mme. Justice Judith Jones June 2, 2015 Court Records Manager II
Judge of the High Court Ms. Kemba Marcano, August 3, 2015
Mme. Justice Margaret Mohammed December 1, 2014 EAP Administrator
Mme. Justice Eleanor Donaldson-Honeywell June 1, 2015
Mrs. Karen Julien-Serrette, March 2, 2015
Registrar & Marshal Court Statistician
Ms. Jade Rodriguez June 9, 2015
Ms. Kelsea Mahabir, November 3, 2014
Deputy Registrar & Marshal Research/Publications specialist, JEI
Ms. Simone Hosein January 30, 2015
Public Servants
Mrs. Nirala Bansee-Sookhai January 30, 2015
Ms. Annila Kunjal, Temporary Clerk I September 25, 2014
Senior Supervisory Staff
Mr. Jaron Isaac, September 30, 2014
Mrs. Annette Innis-Gittens, August 3, 2015
Temporary Clerk I
Administrative Officer IV
Mr. Shiva Mahabir, June 23, 2015
CONTRACT Temporary Clerk I
Ms. Lynette Isaac, Court Library Manager October 1, 2014 Ms. Arielle Samuel, June 24, 2015
(Access Services) Temporary Clerk I
Mr. Mukta Balroop, December 2, 2014 Ms. Markeda Roberts, June 24, 2015
Judicial Research Assistant, JEI Temporary Clerk I
Justice Roger Hamel-Smith, January 10, 2015 Mr. Bradley Boodoosingh, June 30, 2015
Programme Director, JEI Temporary Clerk I
Mr. Recarb Ali, February 2, 2015 Mr. Andy Absalom, July 1, 2015
Deputy Court Executive Administrator Chauffeur
Ms. Gerada Holder, March 2, 2015 Mr. Kyle Lucas Gordon, July 1, 2015
Court Archivist & Records Manager Chauffeur
Mr. Roy de Sormeaux, April 1, 2015
Facilities Manager
Mrs. Judy Williams, June 6, 2015
Court Records Manager II

62 Restorative Dialogue – A Path to Justice


DEPARTURES

RESIGNATIONS Mr. Anthony Lewis, November 18, 2014


Bailiff II
Ms. Parbattie Seerattan Ramsamooj, November 5, 2014
Temporary Clerk I Ms. Juliet Seales, November 21, 2014
Case Management Officer III
Ms. Kareefa Karim-Baksh, January 9, 2015
Temporary Clerk I Ms. Annette Mc. Kenzie, April 1, 2015
Senior Magistrate
Ms. Neijma Williams, January 19, 2015
Temporary Clerk I Ms. Lauren Ash, April 25, 2015
Clerk Typist I
Ms. Rochelle Samuel, February 3, 2015
Temporary Clerk I Mr. Salickram Raghoo, May 2, 2015
Clerk of the Peace II
Ms. Gamal La Veau-James, February 20, 2015
Temporary Clerk I Ms. Patricia Ramdass, May 21, 2015
CMO V acting Section Manager &
Mr. Javed Khan, February 23, 2015
2nd Deputy Marshal
Temporary Clerk I
Ms. Daiokee Sooknanan, June 1, 2015
Mr. Kevin Lewis, February 21, 2015
Clerk Typist I
Orderly
Ms. Verna Samuel Moore, July 15, 2015
Ms. Lakshmi Roodalsingh, April 2, 2015
Messenger I
Temporary Clerk I
Mr. Oliver Carasquero, July 30, 2015
Ms. Ferisha Khan, June 1, 2015
Bailiff I
Temporary Clerk I
Ms. Phyllis Cudjoe-Charles, August 24, 2015
RETIREMENTS Bailiff I
Mr. Tajai Ramoutar, September 17, 2014 Ms. Ingrid Ross, August 29, 2015
Orderly Orderly
Mr. Dayanand Lutchman, October 4, 2014 Ms. Gemma Skerritt, September 5, 2015
Orderly Clerk Typist I
Mr. Michael Hypolite, October 14, 2014 Ms. Sharon Melville-Beckles, November 28, 2014
Watchman Bailiff I
Mr. Junior Wilson, November 1, 2014 Mrs. Elizabeth Bridgeman, December 5, 2014
Messenger I Accountant II

ANNUAL REPORT 2014-2015 63


DEPARTURES

Ms. Angela Mohammed, December 9, 2014 Ms. Cornelia Lockhart, September 15, 2015
Messenger II Clerk Typist II
Mrs. Taramati Ramlal, December 22, 2014 Ms. Helen Toussaint-Jackson, Cleaner II September 23, 2015
Acting Clerk of the Peace II
Ms. Kownsillia Baksh, October 10, 2015
Ms. Patricia Mc Gillivery, January 21, 2015 Clerk Typist I
Telephone Operator I
Mr. Kamraj Lall, August 27, 2015
Ms. Marinus Cudjoe-Ottley, March 3, 2015 Clerk of the Peace I (Ag)
Clerk Typist I
DEATHS
Mr. Hardaye Pooran-Beharry, March 5, 2015
Section Manager &
Mr. Krishna Mathura, November 6, 2014
Second Deputy Marshal
Bailiff I
Mr. Michael Broomes, July 21, 2015
Ms. Latisha Headly, October 20, 2014
Magistrate
Driver/Courier
Mr. Beverly Humphrey, January 2, 2015
Mrs. Shelly Ann Duke, Orderly June 19, 2014
Judicial Secretary
Ms. Marva Gumbs, January 2, 2015
Messenger I
Mrs. Maureen Rajnauth-Lee, March 27, 2015
Justice of Appeal
Ms. Lorna Small, October 17, 2015
Section Manager &
Second Deputy Marshal
Ms. Piary Seepersad-Ali, CMO V November 20, 2015
Ms. Evelyn Cynthia Williams, September 9, 2015
Assistant Clerk of the Peace

64 Restorative Dialogue – A Path to Justice


Financial and
Statistical Information

“The Chief Justice has made the policy decision that


mediation should come at no extra cost to the litigant,
and that the Judiciary would pick up the cost. Access
to justice is the reason for this. It goes back to good
governance—what really is the role of the Court in
society? People who have challenges should feel that
they can go somewhere and have a listening ear in order
to settle their disputes, or even gain an appreciation for
the other side: that should be our role.”

The Honourable Mme. Justice Charmaine Pemberton

ANNUAL REPORT 2014-2015 65


FINANCIAL SUMMARY

The Judiciary was allocated the sum of the recurrent expenditure. Expenditure and
$517,150,050 to facilitate both the recurrent Commitment as at September 30, 2015, accounted
(operational) and capital (developmental) for approximately 97% of the sums released.
expenditure for the fiscal year 2014-2015. This
allocation represents approximately 0.76% of The remaining $69,200,000, was allotted for
the total sum provided to all Ministries and capital expenditure. As at September 30, 2015, the
Departments and approximately 25% of the total sum of $51,719,223 was released to finance the
sum provided to the Judicial Sector. It represents capital projects being undertaken. Expenditure
an approximate 8.5% increase in allocation and Commitments as at September 30, 2015,
provided for fiscal year 2013-2014. accounted for approximately 94% of the sums
released. The under par utilisation of funds
Of the allocation, $447,950,050, was allotted for under the Development Programme is due to the
recurrent expenditure. As at September 30, 2015, lengthy delays experienced with the approval of
the sum of $432,220,440 was released to finance Transfers of funds by the Budget Division and
delays in the awarding of contracts by the Central
Tenders Board.

66 Restorative Dialogue – A Path to Justice


FINANCIAL REVIEW

RECURRENT EXPENDITURE • To maintain accessibility to changes in As at September 30, 2015 the sum of $432,220,440
the judicial sector (access to laws and legal was released to finance the recurrent expenditure.
Approximately 86.60% of the annual allocation, subscriptions); Expenditure and Commitment as at September
amounting to $447,950,050, was allocated for 30, 2015, accounted for approximately 97% of the
recurrent expenditure. This represents an increase • To maintain our mandatory requirement to sums released.
of $19,428,986 from the recurrent allocation publish legal notices;
for 2013-2014. The allocation for this year was
utilised as follows: • To continue the initiation of young persons
to the Judicial system via the Internship
• To fulfil our obligations with respect to Programme.
remuneration to all members of staff,
including arrears to Public Officers for the
period 2011-2015;
2% 65% RECURRENT EXPENDITURE 2014/2015
• To provide security arrangements for all 9%
locations of the Judiciary;
4%
• To provide accommodation for the staff of Salary and Related Costs
2%
the Judiciary;
Operating Expenses

• To continue the programme of self and 18% Training and Development


professional development for all members Court Related Expenses
of staff through activities initiated by the Security costs
Judicial Education Institute and the Human
Minor Equipment Improvements
Resource Unit;

ANNUAL REPORT 2014-2015 67


DEVELOPMENT PROGRAMME • To provide for increased accommodation for • To initiate designs for the construction of
the Department of Court Administration an official residence for the Honourable Chief
Approximately 13.38% of the annual allocation, (Duke Street and 110-112 Frederick Street); Justice.
amounting to $69,200,000 was allocated for
capital expenditure. This represents an increase • To continue to improve on the security As at September 30, 2015 the sum of $51,719,223
of $29,900,000 from the allocation for 2013- systems throughout the Courts to ensure that was released to finance the capital projects being
2014. The allocation for this year was utilised in the court environment is safe for all parties in undertaken. Expenditure and Commitments as at
the following projects: the conduct of their affairs; September 30, 2015, accounted for approximately
94% of the sums released.
• To work towards decreasing the delays in
the court system by reducing the need for 2%
all prisoners to be in court via the Video 1%
Conference System with Prisons; 2%

• To continue improvement works at the Port 11%


of Spain, San Fernando and Tobago Supreme
Courts, and Magistrates’ Courts at Point CAPITAL EXPENDITURE 2014/2015
Fortin, Siparia, Tunapuna and Chaguanas,
the focus is on the comfort and ease of use by
both the employees of the Judiciary and the Family Court
external stakeholders of the court system;
Building Acquisition and Refurbishment
• To promote a culture of customer service in Information Technology Systems
the Judiciary; 84% Comprehensive Security Systems
Institutional Strengthening
• To continue the improvement in the delivery
of court recording services;

• To continue the work on the provision of


permanent accommodation for Judicial
Officers in Tobago;

68 Restorative Dialogue – A Path to Justice


PERSONNEL EXPENDITURE

Sub-item Description 2012/2013 2013/2014 2014/2015 2015/2016


Allocation Expenditure Allocation Expenditure Allocation Expenditure Allocation
001 Judiciary Trinidad
01 Salaries and COLA 76,266,400 73,772,606 68,569,800 66,568,402 112,390,630 105,172,829 84,000,000
02 Wages and COLA 2,232,000 2,044,339 1,775,000 1,746,633 1,375,000 1,232,209 1,382,000
03 Overtime 40,000 16,344 40,000 20,754 100,000 62,687 30,000
04 Allowances 218,000 212,578 232,500 228,449 578,200 263,426 490,000
05 Gov’t Contr. to N.I.S. 5,936,000 5,620,179 5,434,460 5,291,360 6,125,000 6,116,255 7,000,000
08 Vacant Posts 1,457,000 0 1,000,000 0 0 0 2,000,000
14 Remun. To Members of Cab. Appt’d Comm 360,000 310,865 360,000 323,362 402,000 272,602 360,000
20 Gov’t Contri. To Grp. Health Insurance – 10,000 3,783 10,800 10,516 14,500 14,336 11,500
Daily-rated Employees
23 Salaries and COLA – Direct Charges 34,580,500 32,228,970 61,046,000 60,969,064 42,200,000 40,508,796 43,850,000
24 Allowances – Direct Charges 21,600,000 21,370,699 46,109,000 46,074,627 31,500,000 31,451,010 32,800,000
26 Vacant Posts – Direct Charges 3,000,000 0 1,439 0 1,615,000 0 2,000,000
27 Gov’t Contr. to Grp. Health Insurance – 1,137,800 901,427 950,000 878,145 918,500 845,448 969,300
Monthly Paid Employees
29 Overtime – Daily-rated Employees 165,000 154,253 125,000 99,902 145,000 133,907 125,000
30 Allowances – Daily-rated Employees 12,000 8,730 12,000 2,220 12,000 10,485 12,000
31 Gov’t Contri to N.I.S. – Direct Charges 9,445,500 944,398 1,175,561 1,177,000 1,613,200 1,225,296 1,440,000
Judiciary Trinidad 156,460,200 137,589,171 186,841,560 183,390,434 198,989,030 187,309,286 176,469,800

002 Judiciary Tobago


01 Salaries and COLA 2,367,500 2,029,654 1,769,000 1,741,006 2,345,000 2,259,776 1,900,000
02 Wages and COLA 275,200 256,893 178,500 179,305 220,000 130,352 190,000
04 Allowances 48,000 26,584 48,000 37,688 115,000 45,802 60,000
05 Gov’t Contr. to N.I.S. 191,000 153,264 252,000 147,862 250,000 152,131 200,000
08 Vacant Posts 300,000 0 300,000 0 300,000 0 240,000
14 Remun. To Members of Cab.
Appt’d Comm 26,000 21,000 26,000 19,250 26,000 22,767 26,000
20 Gov’t Contri. To Grp. Health Insurance – 500 338 900 826 1,500 890 1,500
Daily-rated
23 Salaries and COLA – Direct Charges 277,200 277,200 527,200 516,561 970,000 899,434 955,000
24 Allowances – Direct Charges 169,800 195,700 289,000 287,240 475,000 440,501 438,000
27 Gov’t Contr. to Grp. Health Insurance – 25,100 12,566 18,600 14,621 20,000 11,765 27,300
Monthly Paid
31 Gov’t Contr. To N.I.S. – Direct Charges 7,600 8,783 12,000 11,011 35,000 32,576 34,600
Judiciary Tobago 3,687,900 2,981,982 3,421,200 2,955,370 4,757,500 3,995,994 4,072,400

TOTAL PERSONNEL EXPENDITURE 160,148,100 140,571,153 190,262,760 186,345,804 203,746,530 191,305,280 180,542,200

ANNUAL REPORT 2014-2015 69


GOODS AND SERVICES

Sub-item Description 2012/2013 2013/2014 2014/2015 2015/2016


Allocation Expenditure Allocation Expenditure Allocation Expenditure Allocation
001 Judiciary Trinidad
01 Travelling 9,796,750 9,485,122 12,320,000 11,584,753 17,679,580 14,780,365 15,000,000
03 Uniforms 318,410 317,898 767,300 647,505 1,100,000 632,962 720,000
04 Electricity 8,505,500 8,196,769 7,269,600 7,269,214 7,300,000 7,282,072 7,300,000
05 Telephones 10,428,500 10,382,532 9,688,000 9,687,686 9,800,000 9,593,277 9,600,000
06 WASA 278,140 138,379 145,216 153,988 150,000 125,115 160,000
07 House Rates 360 0 0 0 0 300,000
08 Rent/Lease – Accommodation 13,410,000 12,446,143 15,485,825 15,476,035 16,660,400 16,089,518 16,430,000
09 Rent/Lease – Vehicles & Equipment 46,930 0 93,200 88,935 325,000 324,058 300,000
10 Office Stationery and Supplies 3,247,000 2,799,275 3,583,175 3,318,862 3,300,000 3,169,113 3,200,000
11 Books and Periodicals 5,619,000 5,023,851 4,660,000 4,621,723 5,300,000 5,231,951 5,000,000
12 Materials and Supplies 1,049,200 711,762 1,192,000 1,082,541 925,000 761,328 800,000
13 Maintenance of Vehicles 515,070 434,385 559,200 361,384 720,000 704,057 600,000
15 Repairs & Mt’n – Equipment 1,498,400 991,822 944,564 783,479 1,229,000 1,114,102 700,000
16 Contract Employment 48,899,100 48,477,298 57,171,864 56,799,949 58,870,000 58,810,045 55,550,000
17 Training 1,873,000 1,436,090 1,745,636 1,559,440 1,125,000 1,022,329 1,200,000
19 Official Entertainment 936,500 770,770 838,800 828,347 750,000 681,191 700,000
21 Repairs & Mt’n – Building 4,146,000 3,215,326 5,728,000 4,696,647 5,900,000 5,522,985 5,500,000
22 Short term employment 1,460,940 740,087 3,043,400 2,856,104 6,290,000 6,229,769 1,170,000
23 Fees 7,830,500 7,829,832 10,839,400 10,796,677 8,960,000 8,902,152 8,950,000
27 Official Overseas Travel 1,685,700 1,673,244 1,394,556 1,144,324 1,395,000 1,173,956 1,000,000
28 Other Contracted Services 2,151,550 1,983,422 5,944,196 5,935,633 4,500,000 4,404,527 4,000,000
36 Extraordinary Expenditure 0 0 0 0 5,650 5,650 0
37 Janitorial Services 11,771,355 11,414,314 10,253,560 10,237,319 10,500,000 9,229,119 10,500,000
43 Security Services 41,400,600 37,504,309 40,992,000 37,658,036 39,600,000 36,542,698 39,420,000
50 Housing Accommodation 1,836,180 1,486,123 1,230,240 1,120,972 1,100,000 1,050,831 900,000
57 Postage 144,500 78,201 190,840 131,144 175,000 172,199 150,000
58 Medical Expenses 899,410 639,719 832,000 566,608 424,350 347,900 400,000
60 Travelling – Direct Charges 6,545,500 5,017,868 9,150,000 8,510,636 8,617,840 6,395,312 6,400,000
61 Insurance 140,550 93,511 65,240 43,482 65,000 603 45,000
62 Promotion, Publicity & Printing 3,179,500 2,059,312 3,376,000 2,290,011 3,700,000 3,270,913 2,000,000
65 Expenses of Cabinet Appointed Bodies 402,690 298,207 143,960 115,965 280,000 222,871 180,000
66 Hosting of Conferences, Seminars, etc 2,098,400 1,726,825 3,114,000 2,725,240 2,500,000 2,025,294 2,000,000
96 Fuel and Lubricants 0 0 0 0 0 0 100,000
98 Overseas Travel Facilities – Direct Chg. 2,625,000 2,130,244 3,851,000 3,705,694 3,500,000 3,128,608 3,000,000
99 Employee Assistance Programme 399,115 261,710 141,400 140,905 380,000 293,651 150,000

Judiciary Trinidad 195,139,350 179,764,350 216,754,172 206,939,238 223,126,820 209,240,521 203,425,000

70 Restorative Dialogue – A Path to Justice


GOODS AND SERVICES continued

Sub-item Description 2012/2013 2013/2014 2014/2015 2015/2016


Allocation Expenditure Allocation Expenditure Allocation Expenditure Allocation
002 Judiciary Tobago
01 Travelling 272,560 239,273 289,688 270,433 345,000 230,154 360,000
03 Uniforms 11,710 6,890 12,835 12,510 23,500 17,950 22,600
04 Electricity 709,000 435,356 466,000 437,247 500,000 388,427 450,000
05 Telephones 867,790 800,305 705,200 652,962 400,000 346,677 400,000
06 WASA 10,300 7,294 30,252 13,573 22,000 5,824 30,500
07 House Rates 7,490 0 6,710 0 0 0 7,200
08 Rent/Lease – Accommodation 351,190 347,225 304,864 304,325 442,000 251,000 372,000
10 Office Stationery and Supplies 187,300 151,447 126,400 104,729 130,000 126,626 100,000
11 Books and Periodicals 25,290 7,461 11,184 7,952 15,000 7,916 8,000
12 Materials and Supplies 93,650 90,892 79,800 74,234 25,000 10,519 50,000
13 Maintenance of Vehicles 56,190 21,915 21,600 17,216 20,000 17,226 12,000
15 Repairs & Mt’n – Equipment 140,470 17,762 8,200 6,219 61,000 40,674 30,000
21 Repairs & Mt’n – Buildings 240,470 155,667 336,400 233,211 200,000 145,669 175,000
23 Fees 240,480 231,717 358,000 347,935 294,300 293,653 250,000
57 Postage 31,860 16,920 26,620 18,270 10,500 5,900 20,000
60 Travelling – Direct Charges 120,950 109,244 173,200 156,951 480,000 182,337 360,000
62 Promotions, Publicity and Printing 93,650 84,431 1,480 0 100,000 28,001 50,000
65 Expenses of Cabinet Appointed Bodies 22,340 9,238 6,821 1,750 10,000 4,658 8,000
96 Fuel and Lubricants 0 0 0 0 0 0 8,000
Judiciary Tobago 3,482,690 2,733,037 2,965,254 2,659,517 3,078,300 2,103,211 2,713,300

003 Family Court


01 Travelling 0 0 0 0 0 0 521,000
03 Uniforms 0 0 0 0 0 0 200,000
04 Electricity 0 0 0 0 0 0 576,000
05 Telephones 0 0 0 0 0 0 500,000
08 Rent/Lease – Accommodation 0 0 0 0 0 0 4,500,000
09 Rent/Lease – Vehicles and Equipment 0 0 0 0 0 0 69,000
10 Office Stationery and Supplies 0 0 0 0 0 0 300,000
11 Books and Periodicals 0 0 0 0 0 0 300,000
12 Materials and Supplies 0 0 0 0 0 0 32,000
13 Maintenance of Vehicles 0 0 0 0 0 0 70,000
15 Repairs & Mt’n – Equipment 0 0 0 0 0 0 100,000
16 Contract Employment 0 0 0 0 0 0 9,000,000
17 Training 0 0 0 0 0 0 170,000

ANNUAL REPORT 2014-2015 71


GOODS AND SERVICES continued

Sub-item Description 2012/2013 2013/2014 2014/2015 2015/2016


Allocation Expenditure Allocation Expenditure Allocation Expenditure Allocation
003 Family Court
21 Repairs & Mt’n – Buildings 0 0 0 0 0 0 300,000
23 Fees 0 0 0 0 0 0 6,000
28 Other Contracted Services 0 0 0 0 0 0 500,000
37 Janitorial Services 0 0 0 0 0 0 648,000
43 Security Services 0 0 0 0 0 0 1,200,000
57 Postage 0 0 0 0 0 0 50,000
62 Promotions, Publicity and Printing 0 0 0 0 0 0 200,000
66 Hosting of Conferences, Seminars, & Oth 0 0 0 0 0 0 175,000
96 Fuel and Lubricants 0 0 0 0 0 0 30,000
Family Court 0 0 0 0 0 0 19,447,000

TOTAL GOODS AND SERVICES 198,622,040 182,497,387 219,719,426 209,598,755 226,205,120 211,343,732 225,585,300

MINOR EQUIPMENT PURCHASES

Sub-item Description 2012/2013 2013/2014 2014/2015 2015/2016


Allocation Expenditure Allocation Expenditure Allocation Expenditure Allocation
001 Judiciary Trinidad
01 Vehicles 1,648,180 1,023,500 1,216,000 1,200,700 1,300,000 1,297,447 0
02 Office Equipment 961,900 658,255 2,282,000 2,219,991 2,400,000 2,122,053 1,200,000
03 Furniture and Furnishings 630,150 455,118 2,332,000 1,090,900 2,600,000 2,538,362 2,000,000
04 Other Minor Equipment 837,100 732,360 898,000 606,189 1,900,000 1,313,173 1,000,000

003 Family Court


01 Vehicles 0 0 0 0 0 0 0
02 Office Equipment 0 0 0 0 0 0 150,000
03 Furniture and Furnishings 0 0 0 0 0 0 150,000
04 Other Minor Equipment 0 0 0 0 0 0 300,000

TOTAL MINOR EQUIPMENT 4,077,330 2,869,233 6,728,000 5,117,780 8,200,000 7,271,035 4,800,000

72 Restorative Dialogue – A Path to Justice


CURRENT TRANSFERS AND SUBSIDIES

Sub-item Description 2012/2013 2013/2014 2014/2015 2015/2016


Allocation Expenditure Allocation Expenditure Allocation Expenditure Allocation
002 Commonwealth Bodies

01 Commonwealth Magistrates Assoc’n 27,160 11,771 13,980 12,845 15,000 12,010 15,000

Total 002 27,160 11,771 13,980 12,845 15,000 12,010 15,000

009 Other Transfers

01 Judicial Education Institute 3,935,300 3,532,072 7,451,340 6,148,715 6,500,000 6,130,746 6,000,000
02 Membership Fees 30,990 11,842 30,846 5,906 33,400 4,750 25,900
03 Mediation Board 1,404,750 1,286,164 4,314,712 3,804,038 3,250,000 2,719,228 3,000,000

Total 009 5,371,040 4,830,078 11,796,898 9,958,659 9,783,400 8,854,724 9,025,900

TOTAL CURRENT TRANSFERS & SUB 5,398,200 4,841,849 11,810,878 9,971,504 9,798,400 8,866,734 9,040,900

TOTAL RECURRENT EXPENDITURE 368,245,670 330,779,622 428,521,064 411,033,843 447,950,050 418,786,781 419,968,400

ANNUAL REPORT 2014-2015 73


DEVELOPMENT PROGRAMME

Sub-item Description 2012/2013 2013/2014 2014/2015 2015/2016


Allocation Expenditure Allocation Expenditure Allocation Expenditure Allocation
005 Multisectoral & Other Services
06 General Public Services

A Administrative Services

001 Development of the Judiciary Information 7,425,000 3,416,073 2,400,000 2,395,880 5,033,500 4,892,483 9,600,000
System
003 Development of Customer Centres at the 1,740,000 1,087,247 1,061,380 969,412 1,000,000 171,063 550,000
Nation’s Court Buildings
005 Family Court – Institutional Strengthening 24,565,000 22,122,286 3,007,000 2,145,154 1,700,000 965,257 1,000,000
006 Tranformation of the Court Recording 1,252,000 814,570 1,000,000 798,250 1,000,000 424,410 1,000,000
System in the Judiciary
007 Strenghtening of Records Management 1,200,000 386,626 1,500,000 730,590 1,500,000 0 1,000,000
in the Judiciary
011 Development of a Court Annexed 1,008,000 445,983 3,729,086 3,748,734 500,000 142,996 0
Mediation Process in the Judiciary
012 Implementation of the Administration of 2,935,000 2,812,381 232,119 232,082 1,000,000 0 600,000
Justice (Indictable Proceedings) Act No
20 of 2011
013 Development & Implementation of Facilities 0 0 0 0 466,500 0 2,100,000
Master Plan for the Judiciary
014 Development and Implementation of a 0 0 0 0 0 0 800,000
Corporate Brand for the Judiciary
of Trinidad and Tobago
015 Development of a Modern Governance & 0 0 0 0 0 0 1,000,000
Organisational Structure for the Judiciary
016 Lay Magistrates Pilot Project 0 0 0 0 0 0 15,000,000

Total – Administrative Services 40,125,000 31,085,166 12,929,585 11,020,102 12,200,000 6,596,209 32,650,000

74 Restorative Dialogue – A Path to Justice


DEVELOPMENT PROGRAMME continued

Sub-item Description 2012/2013 2013/2014 2014/2015 2015/2016


Allocation Expenditure Allocation Expenditure Allocation Expenditure Allocation
005 Multisectoral & Other Services
06 General Public Services

F Public Buildings

001 Rehabilitation of the Hall of Justice – 8,432,000 2,289,379 3,865,893 233,905 9,237,000 6,830,242 7,900,000
Trinidad
002 Acquisition of Property 568,000 0 0 0 0 0 0
003 Refurbishment of Magistrates’ Courts 6,000,000 47,262 9,041,730 5,811,585 17,000,000 12,430,875 15,000,000
006 Restoration of the San Fernando Supreme 300,000 0 1,373,200 1,032,749 500,000 0 150,000
Court Building
008 Rehabilitation of the Hall of Justice – 2,000,000 1,451,346 908,750 788,503 121,000 114,494 115,000
Tobago
009 Provision of Accommodation for the 5,000,000 83,572 1,804,627 1,300,432 22,449,000 19,911,665 17,141,000
San Fernando Magistrates’ Court
010 Implementation of a Comprehensive 3,000,000 805,526 891,250 58,495 1,000,000 942,029 720,000
Security System in the Judiciary
011 Expansion of Rio Claro Magistrates’ Court 5,000,000 0 1,500,000 873,706 3,250,000 553,454 681,000
013 Construction of Judges and Magistrates’ 2,000,000 0 120,000 0 130,000 0 0
Housing in Tobago
015 Construction of Official Residence for 2,000,000 202,660 922,465 356,026 813,000 434,112 447,000
the Honourable Chief Justice of Trinidad
and Tobago
020 Provision of Accommodation for the 0 0 1,000,000 362,121 0 0 0
San Fernando Family Court
021 Provision of Accommodation for Court 2,000,000 1,107,730 4,500,000 4,299,762 2,000,000 999,863 1,900,000
Administration
023 Establishment of a Drug Treatment Court 500,000 0 442,500 0 500,000 0 0

Total – Public Buildings 36,300,000 5,987,475 26,370,415 15,117,284 57,000,000 42,216,734 44,054,000

SUB-TOTAL – DEV PROG 76,425,000 37,072,641 39,300,000 26,137,386 69,200,000 48,812,943 76,704,000

ANNUAL REPORT 2014-2015 75


INFRASTRUCTURE DEVELOPMENT FUND

Sub-item Description 2012/2013 2013/2014 2014/2015 2015/2016


Allocation Expenditure Allocation Expenditure Allocation Expenditure Allocation
005 Multisectoral and Other Serices

06 General Public Service

F PUBLIC BUILDINGS
F007 Provision of Accommodation for 3,850,000 0 1,000,000 0 0 0 0
Chaguanas Magistrates’ Court

F012 Provision of Accommodation for 5,000,000 0 2,000,000 0 0 0 0


Siparia Magistrates’ Court

F018 Establishment of a Centralised Coroners 5,000,000 0 2,000,000 0 0 0 0


Court and Petty Civil Court

TOTAL IDF 13,850,000 0 5,000,000 0 0 0 0

TOTAL CAPITAL PROJECTS 90,275,000 37,072,641 44,300,000 26,137,386 69,200,000 48,812,943 76,704,000

76 Restorative Dialogue – A Path to Justice


Court Research and
Statistics Unit

“I am happy to report that our Statistics department


has informed me that as of 31 July 2015, there were
no judgements reserved for more than six (6) months
in the Court of Appeal, and only five (5) in the High
Court. When we consider the thousands that have been
disposed of, I think that is a remarkable achievement.
And although one (1) or two (2) may have crossed
that six (6)-month threshold by today’s date, as we
stand today, there are no judgements purported to be
outstanding for as much as a year”

The Honourable the Chief Justice Mr. Justice Ivor Archie, O.R.T.T.

ANNUAL REPORT 2014-2015 77


INTRODUCTION

This section of the report presents statistical data with regard to the various At the Family Court, there were 2,750 new High Court matters filed and 4,763
registries of the Supreme Court, the Family Court and the Magistracy, with Magisterial matters filed. There were also 1,586 High Court matters disposed
a view of providing an indication of the pace of litigation and the resulting and 4,769 Magisterial matters disposed.
performance of the Judiciary in the administration of justice in Trinidad and
Tobago. The two (2) main statistics indicated herein are the Number of Matters In the Matrimonial Registry 2,814 divorce cases were filed. During this same
filed and the Number of Matters determined/disposed during the 2014/2015 period, 2,253 Decree Nisi were granted, and 2,391 Decree Absolute were also
Law Term. Other comparative statistics are also provided which allow one to granted.
look at this performance over time.
Three thousand, four hundred and sixty-three (3,463) Probate applications
A brief summary of the information provided reveals that at the Appeal Court, were filed at the Probate Registry and 3,148 applications were disposed.
626 matters were filed, excluding Family and Petty Civil, while 516 were
disposed. At the High Court Civil Registry, 4,716 matters (inclusive of trial At the Magistrates’ Courts a total of 115,536 new matters were filed, while
and non-trial matters) were filed; 3,905 were disposed. 77,816 matters were disposed.

In the Criminal Registry, there was a total of 190 indictments filed, while 129
were disposed.

78 Restorative Dialogue – A Path to Justice


COURT OF APPEAL STATISTICS

TABLE 1A:
APPEALS FILED BY COURT AND TYPE 2009-2010 TO 2014-2015

Appeals from High Court


Appeals from Magistrates’
(Total Criminal Courts Filed at
Grand Civil & Non- Courts of Appeal
Year Total Criminal) Civil Total Capital Capital Total POS S’DO Tobago

6-year Average 524 320 295 25 9 16 204 103 85 16


2014-2015 626 361 322 39 21 18 265 123 120 22
2013-2014 557 359 330 29 10 19 198 93 77 28
2012-2013 511 329 301 28 8 20 182 100 77 5
2011-2012 439 286 270 16 3 13 153 62 82 9
2010-2011 528 314 296 18 3 15 214 115 90 9
2009-2010 482 269 250 19 8 11 213 128 65 20

Table 1A indicates that there were 626 Appeals filed during the 2014/2015
Law Term. This is exclusive of Petty Civil and Family Court Appeals filed Table 1B:
(see Table 1B). This represents an increase of 13.4% in the number of matters APPEALS FILED BY COURT AND TYPE
filed at the Court of Appeal when compared with the numbers filed in the
2013/2014 Law Term. Year Appeals from Appeals from Family Court
Petty Civil Total Magistracy High Court
Continuing in the trend as previous Law Terms, Civil Appeals account for a 2014-2015 6 40 0 40
substantial number of Appeals filed, with 322 appeals or 51.4% of the total.
This is followed by Appeals from the Magistrates’ Courts with 265 Appeals or
42.3% of the total. Criminal Appeals account for 6.2% or 39 of the Appeals Table IB looks at the number of Petty Civil and Family Court Appeals. The
filed during the period under review. data shows that there was a total of 40 appeals from the Family Court – High
Court; the information also reveals that there were six (6) Petty Civil Appeals
A closer look at the matters which originated from Magisterial Appeals filed.
shows a significant increase of 33.4% in the number of appeals filed over the
subsequent period. The overall increase in Magisterial appeals emanates from
a 32% increase at Port of Spain and a 56% increase at San Fernando.

ANNUAL REPORT 2014-2015 79


TABLE 2A: Table 2A looks at the manner in which Civil Appeals were disposed
CIVIL APPEALS DISPOSED BY MANNER OF DISPOSITION during a six (6)-year trend from 2009/2010 to the 2014/2015 Law Term.
2009-2010 TO 2014-2015 The information is disaggregated by the Manner of Disposition; Hearing
of Non-Compliance (see table 2B) is excluded.
Year Total Allowed Dismissed Withdrawn
There was a total of 212 Civil appeals disposed which represents an
6-year Average 199 68 70 61 increase of 15 or 7.6 %, when compared to the total disposed for the 2013-
2014-2015 212 74 69 69 2014 Law Term.
2013-2014 197 78 69 50
2012-2013 217 75 70 72
It should be noted that the increase in the number of Civil Appeals
2011-2012 195 67 67 61
2010-2011 192 66 74 52
disposed, is as a result of a 38% increase in matters disposed via
2009-2010 180 49 69 62 Withdrawal.

TABLE 2B:
NON-COMPLIANCE DISPOSED BY MANNER OF DISPOSITION
2009-2010 TO 2014-2015
Table 2B gives a reflection of the number of Appeals that have been
Year Total Allowed Dismissed Withdrawn disposed due to Non-Compliance during the 2014/2015 Law Term.
6-year Average 41 0 25 16
There was a total of 19 appeals disposed by a hearing of Non-Compliance
2014-2015 19 0 11 8
during the period under review, of which 11 or 58% was Dismissed and
2013-2014 54 0 26 28
2012-2013 167 0 113 54 eight (8) or 42% were Withdrawn.
2011-2012 0 0 0 0
2010-2011 0 0 0 0 The Non-Compliance disposition rate reduced by 65% during the
2009-2010 4 1 0 3 2014/2015 Law Term, as compared with the 2013/2014 Law Term. This
occurred as a result of the reduction in the number of Non-Compliance
matters disposed during the current Law Term.

80 Restorative Dialogue – A Path to Justice


TABLE 3:
CRIMINAL APPEALS DISPOSED BY MANNER OF DISPOSITION Table 3 gives a review of Criminal Appeals disposed and examines the
2009-2010 TO 2014-2015 manner of disposition. During the 2014/2015 Law Term, there was a total
MANNER OF DISPOSITION of 30 Criminal Appeals disposed, of which nine (9) or 30% were allowed,
14 or 47% were dismissed and seven (7) or 23% were withdrawn.
Year Total Allowed Dismissed Withdrawn
The total number of Criminal Appeals disposed decreased by two (2)
6-year Average 26 7 10 9 or six per cent (6%), when compared with the total disposed during the
2014-2015 30 9 14 7 2013/2014 Law Term.
2013-2014 32 11 8 13
2012-2013 15 4 6 5 The average number of Criminal Appeals disposed over the last six (6)
2011-2012 21 4 6 11 Law Terms was 26.
2010-2011 24 13 9 2
2009-2010 34 3 17 14

TABLE 4:
MAGISTERIAL APPEALS DISPOSED BY MANNER OF DISPOSITION Table 4 examines the manner in which Magisterial Appeals were disposed
2009-2010 TO 2014-2015 during the 2014/2015 Law Term.
MANNER OF DISPOSITION
Of the 237 Magisterial Appeals disposed during the 2014/2015 Law Term,
Year Total Allowed Dismissed Withdrawn Struck Out
53 or 22.4% were allowed, 65 or 27.4% were dismissed and 119 or 50.2%
were withdrawn.
6-year Average 191 32 50 108 0
2014-2015 237 53 65 119 0 The total number of Magisterial Appeals disposed during the 2014/2015
2013-2014 155 26 42 87 0 Law Term represents a 53% increase when compared with the number
2012-2013 162 29 25 108 0 disposed during the 2013/2014 Law Term.
2011-2012 159 30 58 71 0
2010-2011 209 24 48 137 0
2009-2010 224 32 64 128 0

Table 5:
PETTY CIVIL APPEALS DISPOSED BY MANNER OF DISPOSITION Table 5 shows the manner in which Petty Civil Appeals were disposed for
the 2014/2015 Law Term. Of the three (3) Petty Civil matters disposed,
Year MANNER OF DISPOSITION one was dismissed and two (2) were withdrawn.
Total Allowed Dismissed Withdrawn
2014-2015 3 0 1 2

ANNUAL REPORT 2014-2015 81


Table 6:
Table 6 gives a review of the Family Court Appeals disposed and examines
FAMILY COURT APPEALS DISPOSED BY MANNER OF DISPOSITION the manner in which they were disposed for the 2014/2015 Law Term.
This excludes those determined by a Hearing of Non-Compliance (see
Year MANNER OF DISPOSITION
Table 2B). Of the 15 Family Court Appeals disposed, eight (8) or 53.3%
Total Allowed Dismissed Withdrawn were allowed, two (2) or 13.3% were dismissed and five (5) or 33.3% were
2014-2015 3 0 1 2 withdrawn.

Table 7 looks at the Clearance Rates or Disposals to Filings ratios for


TABLE 7: Appeals filed and disposed during the last Law Terms, i.e. 2009-2010 to
COURT OF APPEAL CLEARANCE RATES (DISPOSAL/FILING RATIOS) 2014-2015. This table reflects all types of Appeals filed and Disposed.
2009-2010 to 2014-2015
The average number of appeals filed for the last law terms was 559, while
Year Filings Disposals Disposals to Filing Ratio the disposition averaged 470 during the same period. The average disposal
to filings ratio had minimal changes during the Law Terms 2010-2011,
6-year Average 559 470 0.84 2011-2012, 2013-2014 and 2014-2015.
*2014-2015 626 516 0.82
*2013-2014 594 459 0.77 A comparison of ratios over the last six (6) law terms highlights the 2012-
*2012-2013 548 578 1.05 2013 Law Term which had a disposal to filing ratio of more than one (1).
*2011-2012 482 385 0.80 This means that more Appeals were disposed than filed during that Law
*2010-2011 558 438 0.78 Term.
*2009-2010 502 448 0.89

FIGURE 1
COURT OF APPEAL FILED AND DISPOSED
2009 / 2010 – 2014 / 2015
800

700

600

500

400

300

200

100

0
2014-2015 2013-2014 2013-2012 2012-2011 2011-2010 2010-2009

FILINGS DISPOSITIONS

82 Restorative Dialogue – A Path to Justice


TABLE 8A:
APPEALS DISPOSED BY SUBTYPE AND TIME TO DISPOSITION 2014-2015

Subtype No. of Matters NO OF YEARS TO DISPOSITION & YEAR FILED


Disposed < 1 yr 1 <2 yrs 2 <3 yrs 3 <4 yrs 4 <5 yrs 5 <6 yrs 6+ yrs
2014/2015 2014/2015 2013/ 2014 2012/ 2013 2011/ 2012 2010/ 2011 2009/ 2010 Before 2009

TOTAL 497 255 113 31 41 29 17 11


% 100.0 51.3 23 6.2 8.2 6 3.4 2.2
Civil 212 69 40 22 34 26 16 5
Criminal 30 9 7 8 1 0 1 4
Magisterial 237 172 60 0 2 1 0 2
Petty Civil 3 0 1 0 1 1 0 0
Family Court 15 5 5 1 3 1 0 0

Table 8A provides data on the number of Appeals disposed by subtype


and time taken from filing to disposition for Appeals disposed during the
2014-2015 Law Term. This excludes those determined by a Hearing of Non-
Compliance (see Table 8B).

Of the cases disposed, 255 were filed within the current Law Term, and
represented 51.3% of the total number of Appeals disposed. One hundred and
thirteen (113) or 22.7% were disposed within one (1) to two (2) years of filing.
The remaining 129 or 25.9% Appeals which were disposed, took over two (2)
years from the date of filing to disposition.

Overall, Civil and Magisterial Appeals are the main contributors to Appeal
matters disposed. Combined, they account for 90% of all Appeals.

ANNUAL REPORT 2014-2015 83


TABLE 8B:
NON-COMPLIANCE APPEALS DISPOSED BY SUBTYPE AND TIME TO DISPOSITION 2014-2015

Subtype No. of Matters NO OF YEARS TO DISPOSITION & YEAR FILED


Disposed < 1 yr 1 <2 yrs 2 <3 yrs 3 <4 yrs 4 <5 yrs 5 <6 yrs 6+ yrs
2014/2015 2014/2015 2013/ 2014 2012/ 2013 2011/ 2012 2010/ 2011 2009/ 2010 Before 2009

TOTAL 19 0 18 0 0 1 0 0
% 100 0 94.7 0 0 5.3 0 0
Civil 19 0 18 0 0 1 0 0

Table 8B provides data on the number of appeals disposed by subtype and


time taken from filing to disposition for Appeals determined by a Hearing of Court of Appeal 2014-2015
Non-Compliance.
Number of Judges Assigned 12
The table above indicates that there were 19 Civil matters disposed through No. of Appeals Filed 672
Hearings of Non-Compliance during the 2014-2015 Law Term. Of those
No. of Appeals Disposed 516
appeals completed by a Hearing of Non-Compliance, 18 or 94.7% were
disposed within two (2) years of filing, and one (1) was disposed within four
(4) to five (5) years of filing.

84 Restorative Dialogue – A Path to Justice


CIVIL CASELOAD STATISTICS
During the 2014/2015 Law Term, there were 4,716 civil matters filed and 3,905
TABLE 9: matters disposed (Table 9) during the same period. However, this is not an
CIVIL CLEARANCE RATIO (FILING TO DISPOSITION) indication of the length of time between filing to disposition, as matters filed
2009-2010 TO 2014-2015 during a Law Term may not necessarily be disposed within that Law Term.

Year Filings Disposed Disposed to Table 9 shows that the least number of matters was disposed during the
Filing Ratio 2014/2015 Law Term. It also highlights a decrease of 502 or 11.4% in matters
6-year Average 5,089 4,772 0.9 disposed from the previous Law Term (2013/2014).
2014-2015 *4,716 **3,905 0.8
The disposal to filing ratio of 0.8 indicates that the number of civil matters
2013-2014 *4,857 **4,407 0.9
filed exceeded the number disposed during the above-mentioned period.
2012-2013 *5230 **5,245 1.0
2011-2012 *5,228 **5,439 1.0
2010-2011 *4,935 **4,707 0.9 Table 10 A represents a disaggregation of the number of Civil Proceeding
2009-2010 *5,565 **4,979 0.9 Rules (CPR) matters filed in terms of Trial and Non-trial categorisation. Trial
matters account for 3,879 or 82.2% of all new CPR matters filed during the
* Includes Trial and non-trial CPR Matters; does not include RSC matters transferred to CPR period under review.
** Includes Trial and non-trial CPR, Transferred Matters / backlog
Non-Trial matters which are categorised as Bill of Sales, Admissions to the
Bar, matters filed under the Cooperatives Society Act and matters filed under
TABLE 10 A: the Security Industry Act accounts for 17.7% or 837 matters filed.
CPR MATTERS FILED TRIAL AND NON-TRIAL 2014-2015
Total Trial Non-trial
Table 10 B highlights that of 3,856 matters disposed during the 2014/2015
4,716 3,879 837 Law Term.

TABLE 10 B:
CPR MATTERS DISPOSED TRIAL AND NON-TRIAL 2014-2015
Total Trial Non-trial

* 3,856 3,384 472


* Excludes RSC Matters/Backlog

ANNUAL REPORT 2014-2015 85


TABLE 11:
NUMBER OF HIGH COURT CIVIL MATTERS FILED AND Table 11 illustrates the number Civil matters filed at the High Court, also
NUMBER DISPOSED 2014-2015 included in the number of civil matters disposed, disaggregated according to
the rules that governed the conduct of these matters.
Filed ........................................................................... .........4,716
Disposed ............................................................................. 3,905 There were 3,905 civil matters disposed during the period under review;
of those matters disposed 3,856 matters or 99% were filed under the Civil
Of which
Proceedings Rules (CPR) and 1% or 49 matters were filed prior to September
CPR ..................................................................................... 3,856 16, 2005 under the Rules of the Supreme Court (RSC).
RSC ..........................................................................................49

TABLE 12:
(CPR) – NEW MATTERS FILED BY SUBTYPE 2009-2010 TO 2014-2015

CASE SUBTYPE
Personal Action
Year Total Commercial Family Land Total General Running Probate Public Co-operative Bill Other
Down of Sale

6-Year Average 5,089 1,459 70 856 1,496 718 778 204 421 111 421 51
2014-2015 4,716 1,132 89 902 1,349 694 655 190 446 75 445 88
2013-2014 4,857 1,277 51 830 1,462 725 737 189 467 108 409 64
2012-2013 5,230 1,496 69 859 1,563 696 867 219 478 150 350 46
2011-2012 5,228 1,531 89 889 1,589 759 830 231 411 62 376 50
2010-2011 4,935 1,447 59 827 1,537 749 788 202 379 76 386 22
2009-2010 5,565 1,870 60 829 1,477 684 793 192 344 197 562 34

Table 12 shows the number of civil matters filed in a six (6)- year date range with 902 matters filed, followed by Public Law and Bill of Sale which when
disaggregated by subtypes. The data also illustrates that Personal Action and combined, accounts for 18.9% of 891 matters filed.
Commercial are the two (2) major components over the last six (6) Law Terms.
Family, Probate, Corporative and Other accounts for the remaining 9.4% or
In the 2014/2015 Law Term Personal Action and Commercial matters 442 matters filed.
accounted for 52.6% or 2,481, matters filed. Land matters accounts for 19.1%

86 Restorative Dialogue – A Path to Justice


TABLE 13:
CPR MATTERS DISPOSED BY SUBTYPE 2009-2010 TO 2014-2015 (TRIAL AND NON-TRIAL MATTERS)

CASE SUBTYPE
Personal Action
Year Total Commercial Family Land Total General Running Probate Public Co-operative Bill Other
Down of Sale

6-Year Average 4,220 1,065 72 767 1,473 689 783 174 219 16 381 70
2014-2015 3,856 930 77 788 1,234 587 647 161 231 11 369 55
2013-2014 4,163 1,060 58 805 1,410 654 756 152 197 26 392 63
2012-2013 4,904 1,536 83 834 1,575 736 839 195 224 39 359 59
2011-2012 4,825 1,258 94 831 1,731 850 881 215 304 5 319 110
2010-2011 4,038 1,038 55 738 1,487 718 769 179 203 11 322 50
2009-2010 3,536 565 65 604 1,398 591 807 142 152 6 524 80

Table 13 illustrates the total number of new civil matters (CPR) disposed
over the last six (6) years. The data also shows the overall decrease of 7.4%
in matters disposed during the 2014/2015 Law Term when compared to the
2013/2014 Law Term. A review of the six (6)-year trends displayed in the table
above highlights the dominance of Personal Action and Land and Commercial
matters as the case subtype mainly disposed over the period.

During the 2014-2015 Law Term, these subtypes combined accounted for
76% or 2,942 Trial and Non-Trial matters disposed.

ANNUAL REPORT 2014-2015 87


TABLE 14:
CPR MATTERS DISPOSED BY MANNER OF DISPOSITION 2009-2010 TO 2014-2015
(TRIAL AND NON-TRIAL MATTERS)
Manner of Disposition
Filing Order by Consent “Decision by Judge”
Notice of Discontinued CMC PTR Trial Mediation Judicial Claim – Struck Judgement Summary Application Default * Other Total
Satisfaction Settlement Withdrawn/ /Final Order Judgement Refused/ Judgement
Conference Discontinued/ Denied/
Dismissed Dismissed/
Determined

160 186 647 90 138 2 2 487 1,478 6 123 529 8 3,856

* Other disposed matters include but is not limited to those matters that were transferred between CPR and RSC.

Table 14 is indicative of the manner in which matters dealt with at the Court “Decision by Judge”: This is the instance in which the Judge officiates in a
have been disposed during the period under review. There are four broad matter and renders an outcome.
categories which encompass the general disposition outcome of a matter.
They are: Default Judgement: Default Judgement is an over the counter judgement. This
occurs when parties make an application which is usually reviewed and signed
Filing: A filing is a notice by the claimant, which indicates to the Court, by a Registrar in accordance with Part 12 and 14 of the CPR.
that they no longer wish to proceed with the matter or that the defendant
has satisfied the terms of a judgement or demand made or monies owed. According to the information displayed in Table 14, of the 3,856 matters
This is done through the filing of a Notice of Full Satisfaction or a Notice of disposed during the 2014/2015 Law Term, 2,094 or 54% were disposed by
Discontinuance. the Judges, 879 or 23% were disposed by Order by Consent; 529 or 14%
were disposed through Default Judgement and 9% or 346 via Filings. There
Order by Consent: An Order by Consent is taken when opposing parties have was a minimal amount, eight matters, disposed through “other” methods of
come to an agreement to bring their claim to an end and the terms upon disposition.
which they have agreed to end the claim.

88 Restorative Dialogue – A Path to Justice


Table 16 looks at the Clearance Rates or Disposals to Filings ratios for Civil
TABLE 15: matters filed and disposed during the last six (6) law terms, in relation to CPR
CPR TRIAL MATTERS DISPOSED BY TIME TAKEN Trial and Non-Trial matters.
TO DISPOSITION 2014-2015
(TRIAL AND NON-TRIAL MATTERS) According to the data, there were 4,716 matters filed during the 2014-2015 Law
Term and 4,220 matters disposed which contributed to an overall disposition
Number of CPR to filing ratio of 0.82; the lowest D:F ratio since the 2011/2012 Law Term.
Matters Determined (< 1 yr) 1 < 2 yr 2 + yrs
2014/2015 (14/15) (13/14) Before 2013 A further look at the information for two (2) consecutive Law Terms 2013-2014
and 2014-2015, highlights the decrease in both matters filed and disposed
Total 3,856 2,505 641 710 during the period under review when compared to its predecessor.
% 100.0 65 17 18
There were 141 or 2.9% less matters filed in the 2014-2015 Law Term as
Table 15 illustrates the total number of CPR matters disposed in relation to the compared with the 2013-2014 Law term. There were also notable decreases in
periods in which they were filed. Two thousand, five hundred and five (2,505) matters disposed during the same periods. In the 2014-2015 Law Term there
or 65% were disposed within one (1) year of filing, 641 or 17% was disposed were 3,856 matters disposed, a decrease of 7.4% or 307 matters as compared
within two (2) years of filing and, 710 matters or 18% took two (2) years or with the previous Law Term.
more between filing to disposition.
Table 16 also revealed that the average disposition to filing ratio for the last
six law Terms is 0.83, which indicates that overall the number of matters filed
TABLE 16: exceeded the number disposed during the period.
CPR CLEARANCE RATES (DISPOSAL/FILING RATIOS)
(TRIAL AND NON-TRIAL MATTERS) FIGURE 2

CPR Filed and Disposal


Year Filings Disposals Disposals to Filing Ratio (Trial and Non-Trial Matters)
2009/2010 – 2014/2015
6,000
6-year Average 5,089 4,220 0.83
5,000
2014-2015 4,716 3,856 0.82
4,000
2013-2014 4,857 4,163 0.86
2012-2013 5,230 4,904 0.94 3,000

2011-2012 5,228 4,825 0.92 2,000

2010-2011 4,935 4,038 0.82 1,000


2009-2010 5,565 3,536 0.64
0
2014-2015 2013-2014 2013-2012 2012-2011 2011-2010 2010-2009

FILINGS DISPOSITIONS

ANNUAL REPORT 2014-2015 89


TABLE 17:
RSC MATTERS DISPOSED BY MANNER OF DISPOSITION 2009-2010 TO 2014-2015

Dismissed Withdrawn Notice of


By At No Leave Settled Settled Default Full
Judgement Trial Activity at Granted Consent Discontinued Before Judgement Satisfaction No
Year Total after Trial Stage 2 years Trial at Trial by Notice Trial Satisfied Filed Trial

2014-2015 49 9 0 5 3 0 2 2 0 28 0
2013-2014 107 35 0 0 2 3 3 5 0 59 0
2012-2013 308 90 0 27 25 0 11 18 0 130 7
2011-2012 242 82 5 4 11 13 11 12 0 104 0
2010-2011 239 70 1 0 8 18 15 4 0 123 0
2009-2010 573 81 59 29 63 64 144 13 0 120 0

The data in Table 17 depicts the number of RSC Matters determined for the Continuing in the declining trend set out with the implementation of the
Law Term 2009-2010 to 2014-2015 and examines the manner in which these CPR, there were 49 RSC matters disposed during the period under review. Of
matters were determined. those matters disposed 28 or 57% were disposed by Notice of Full Satisfaction;
14 or 29% were Dismissed, two (2) or four per cent (4%) were Discontinued
The Civil Proceeding Rules (CPR) replaced the Rules of the Supreme Court and Settled at Trial respectively, three or six per cent (6%) of the matters were
(RSC) on September 16th, 2015. As such it was expected that the total disposed by Leave Granted to Withdraw.
number of RSC matters disposed and set down for trial would decline in each
succeeding Law Term. Consequently, there were no RSC matters set down for
trial during the 2014-2015 Law Term.

90 Restorative Dialogue – A Path to Justice


CRIMINAL CASELOAD STATISTICS

TABLE 18: Table 19:


NEW CRIMINAL INDICTMENTS FILED BY TYPE NEW CRIMINAL INDICTMENTS FILED BY SUBTYPE 2014-2015
(CAPITAL/NON–CAPITAL)
2009-2010 TO 2014-2015 Subtype Categorisation Total

Type Total 190


Murder 44
Year Total Capital
Sexual Offence Act 61
(Murder) Non-Capital
Offences Against the Persons Act 35
Manslaughter 1
6-year Average 219 46 173
Attempted Murder 8
2014-2015 190 61 129
Fire Arm Act 4
2013-2014 259 52 207 Dangerous Drugs Act 8
2012-2013 339 65 274 *Other 29
2011-2012 116 20 96
* Other indictments filed include but are not limited to Larceny offences, Forgery, Kidnapping,
2010-2011 279 47 232
Perjury, Malicious Damages, Conspiracy to Defraud, Corruption, Motor Vehicle & Road Traffic.
2009-2010 132 29 103

Table 19 takes a further look at the new indictments filed in relation to subtype
Table 18 gives a reflection of the number of new indictments filed at the High categorisation. The three (3) main contributors of indictments filed during the
Court over the last six law Terms, 2009/2010 through 2014/2015 in relation 2014/2015 Law Term are offences filed under the Sexual Offences Act which
to case type, Capital and Non-capital. The data highlights the decrease of 69 accounts for approximately one third of the new indictments filed at 32% or 61
or 36% in criminal indictments filed at the High Court during the Law Term matters; this is followed by the offence of Murder which accounts for 23% or
2014/2015 as compared to the previous Law Term 2013/2014. There were 44. This is followed by indictments filed and offences filed under the Offences
decreases in both the number of Capital and Non-Capital matters filed, when Against the Persons Act which accounts for 18.4% or 35 indictments filed.
compared to the previous Law Term.

Of the 190 indictments filed during the 2014-2015 Law Term, 61 or 32%
were Capital. Non-Capital indictments accounts for 129 or 68% of the new
indictments filed.

The average number of Criminal indictments filed stands at 219. This means
that the current figure (2014-2015) is 13.2% lower than the six (6)-year average.

ANNUAL REPORT 2014-2015 91


The data in Table 20 gives an indication of the Criminal Matters that have
TABLE 20:
been disposed over the last six Law Terms grouped by type, Capital and Non-
CRIMINAL INDICTMENTS DISPOSED BY TYPE Capital. A comparison between the 2013-2014 and the 2014-2015 Law Terms
(CAPITAL/NON-CAPITAL) FOR THE DURATION shows that the number of indictments disposed during 2014-2015 Law Term
2009-2010 TO 2014-2015 increased by 52% or 44 matters more than its predecessor (2013-2014 Law
Term).
Year Total Type
Capital (Murder) Non-Capital
Of the 129 matters that have been disposed, 108 or 84% were classified as
Non-Capital offences and 21 or 16% were Capital offences.

6-year Average 98 15 83 A look of the total number of matters disposed over the six consecutive Law
**2014 -2015 129 21 108 Terms shows that the 2014-2015 Law Term had the highest disposition total
* 2013-2014 85 16 69 which is 32% higher than the six-year average.
*2012-2013 99 16 83
*2011-2012 76 7 69
NB. Matters in which the outcome was Appealed; or
*2010-2011 116 17 99 Matters in which a Retrial has been ordered: – whereby the jury after being
*2009-2010 81 13 68 given an opportunity to deliberate are unable to reach a verdict; and, a
retrial may be ordered “Hung Jury”, have not been included in Table 20.
* Figures revised as at 2014-2015 Law Term
** Provisional Figures

92 Restorative Dialogue – A Path to Justice


TABLE 21:
CRIMINAL INDICTMENTS DISPOSED BY SUBTYPE AND YEAR FILED 2014-2015

NO. OF YEARS TO DISPOSITION BY YEAR FILED

Subtype No. of Matters < 1 yr 1 <2 yrs 2 <3 yrs 3 <4 yrs 4 <5 yrs 5 <6 yrs 6+ yrs
Disposed 2014/ 2015 2013/ 2014 2012/ 2013 2011/ 2012 2010/ 2011 2009/ 2010 Before 2009
2014/2015

TOTAL 129 5 27 41 13 23 5 15
% 100 3.9 20.9 31.8 10.1 17.8 3.9 11.6
Sexual Offences Act 35 2 15 7 2 9 0 0
Murder 21 0 0 4 2 2 3 10
Offences Against the Person Act 27 0 6 11 3 6 1 0
Manslaughter 2 0 0 1 0 1 0 0
Attempted Murder 6 1 0 2 2 0 0 1
Firearms Act 7 0 1 3 1 2 0 0
Dangerous Drugs Act 9 0 2 3 2 0 0 2
* Other 22 2 3 10 1 3 1 2

* Other indictment Disposed includes but is not limited to Larceny offences, Forgery, Kidnapping, Perjury, Malicious Damages, Conspiracy to Defraud, Corruption, Motor Vehicle & Road
Traffic.

Table 21 displays a further analysis of the number of Criminal Indictments Seventeen (17) or 63% of matters filed under the Offences Against the Persons
that were disposed during the 2014-2015 Law Term. The data, disaggregated Act was disposed less than three (3) years after they were filed.
by subtype and year of filing shows the following:
Overall, the table shows that 56.6% or 73 matters were disposed less than
Of the matters filed under the Sexual Offences Act, 48.6% or seventeen (17) three (3) years after they were filed. These matters were mainly offences filed
were disposed less than two (2) years after filing; under the Sexual Offences Act, offences filed under the Offences Against the
Person Act and offences categorised as Other.
Of the Murder indictments disposed during 2014-2015 Law Term ten (10) or
48% were disposed after six (6) or more years after they were filed.

ANNUAL REPORT 2014-2015 93


FIGURE 3
TABLE 22:
CRIMINAL INDICTMENTS CLEARANCE RATE Criminal
(DISPOSAL TO FILING RATIO) Indictments Filed and Disposed
2009-2010 TO 2014-2015 2009 / 2010 – 2014 / 2015
400
350
Year Filings Disposals Disposals to Filing Ratios 300
250
6-year Average 219 98 0.45 200
2014-2015 190 **129 0.68 150
2013-2014 259 *85 0.33 100
50
2012-2013 339 *99 0.29 0
2011-2012 116 *76 0.66 2014-2015 2013-2014 2013-2012 2012-2011 2011-2010 2010-2009
2010-2011 279 *116 0.42
2009-2010 132 *81 0.61 FILINGS DISPOSITIONS

* Figures revised as at 2014-2015 Law Term The units of analysis with regard to the data presented thus far in the
** Provisional Figures examination of the Criminal Justice System have been the cases or
indictments. Another way in which the statistics, for the Criminal Registry
can be analysed is an examination of the judicial outcomes as they relate to the
Table 22 shows the disposal to filing ratio for Criminal cases in the High
accused person(s), (Table 23-26). It is particularly useful to make the distinction
Court.
between the person and the indictment since Every person committed for trial
During the 2014-2015 Law Term, there were 190 new indictments filed and at High Court is tried on an indictment, which contain the offence, particulars as
129 disposed, which produced a disposal to filing ratio of 0.68; the highest to the nature of the charge(s) and the name(s) and alias of the accused. Given that
Clearance Rate among all six (6) Law Terms and an increase of 0.35 over the an indictment may have multiple accused persons which may significantly
previous 2013-2014 law Term. impact the pace at which the matter is dealt with, the aforementioned tables
seek to address the issue of court performance on an indictment in relation to
The average disposal to filing ratio over the last six (6) Law Terms was 0.45. each accused identified.

NB: In the cases where an accused person is charged on multiple indictments, for
the purpose of Tables 23–26, he will be counted once for each indictment on which
his name appears.

94 Restorative Dialogue – A Path to Justice


The statistical data in Table 23 gives a reflection of the number of accused
Table 23: persons who had their matters listed for hearing. The information is presented
NUMBER OF ACCUSED IDENTIFIED ON INDICTMENT for six (6) consecutive Law Terms disaggregated by case type. There were
WHOSE MATTERS WERE LISTED FOR HEARING BY TYPE 2,767 accused persons appearing before the Criminal Courts during the
2009-2010 TO 2014-2015 2014-2015 Law Term; 766 or 27.7% of those appearances were in relation to a
Capital offence, while 2,001 or 72.3% accused persons’ appearance before the
Year Total Type Criminal Justice System was in relation to Non-Capital offences.
Capital (Murder) Non-Capital
There was a marginal increase in appearances of accused persons of 1.2% or
34 in the new Law Term 2014-2015 over the previous Law Term 2013-2014.
6-year Average 1,939 609 1,330
2014 -2015 2,767 766 2,001 Of note is the progressive increase in appearances of persons accused of
2013-2014 2,73 3 681 2,052 committing Capital and/or Non-Capital offences during each successive Law
Term. This is the largest percentage increase observed between the 2009-2010
2012-2013 1,79 1 626 1,165
and 2010-2011 Law Terms, which shows a 25% increase in the appearance of
2011-2012 1,705 590 1,115 accused persons.
2010-2011 1,467 538 929
2009-2010 1,170 455 715 A comparison between the 2012-2013 and 2013-2014 Law Terms highlights
an increase of 52.6% or 942 accused persons appearing before the Criminal
Courts during the 2013-2014 Law Term.

The average number of accused persons appearing before the Criminal courts
during the last six (6) Law Terms was 1,939.

ANNUAL REPORT 2014-2015 95


Table 24 takes a look at the indictable accused persons who had their
Table 24: matters listed for hearing and disposed over the past six (6) Law Terms.
NUMBER OF ACCUSED IDENTIFIED ON INDICTMENT WHOSE
MATTERS WERE LISTED FOR HEARING AND DISPOSED BY TYPE The information reveals that 158 persons accused of criminal offences
2009-2010 to 2014-2015 had their matter dealt with during the period under review (2014-2015
Law Term). Of those persons who had their matters disposed, 34 or 21.5%
Year Total Type appeared before the Criminal Courts in relation to a Capital offence and
124 or 78.5% of appearances were in relation to Non-Capital offences.
Capital (Murder) Non-Capital
The disposition totals during the 2014-2015 Law Term reflect an increase
6-year Average 105 21 84 of 51 or 47.7% in the total number of accused persons who had their
2014-2015 158 34 124 matters listed for hearing and disposed when compared to the 2013 –
2013-2014 107 18 89 2014 Law Term.
2012-2013 74 20 54
The average number of accused persons who had their indictments
2011-2012 70 7 63
disposed during the last six (6) Law Terms is one hundred and five (105).
2010-2011 115 18 97
2009-2010 108 29 79

96 Restorative Dialogue – A Path to Justice


Table 25:
NUMBER OF ACCUSED IDENTIFIED ON INDICTMENT WHOSE MATTERS WERE LISTED FOR HEARING AND DISPOSED
BY SUBTYPE AND YEAR FILED 2014-2015

NO. OF YEARS TO DISPOSITION BY YEAR FILED

Subtype No. of Matters < 1 yr 1 <2 yrs 2 <3 yrs 3 <4 yrs 4 <5 yrs 5 <6 yrs 6+ yrs
Disposed 2014/ 2015 2013/ 2014 2012/ 2013 2011/ 2012 2010/ 2011 2009/ 2010 Before 2009
2014/2015

TOTAL 158 5 26 52 12 24 10 29
% 100 3.2 16.4 32.9 7.6 15.2 6.3 18.4
Sexual Offences Act 37 1 18 8 1 8 0 1
Murder 36 0 0 2 1 5 9 19
Offences Against the Person Act 35 0 3 16 8 8 0 0
Manslaughter 3 0 0 1 0 0 0 2
Attempted Murder 3 0 0 3 0 0 0 0
Firearms Act 10 0 1 7 0 2 0 0
Dangerous Drugs Act 12 0 2 4 1 0 0 5
Other 22 4 2 11 1 1 1 2

* Other indictment Disposed includes but is not limited to Larceny offences, Forgery, Kidnapping, Perjury, Malicious Damages, Conspiracy to Defraud, Corruption, Motor Vehicle & Road
Traffic

Table 25 displays a further analysis of the number of criminal accused persons Accused persons charged under the Sexual Offences Act, the Offences Against
against whom indictments were disposed during the 2014-2015 Law Term. the Person Act and for Murder accounts for 68% or 108 persons against whom
The data is disaggregated by the subtype and years in which these indictments indictments were disposed of during the 2014-2015 Law Term.
were filed at the High Court.

There were 158 accused persons who had their indictments disposed of during
the period under review; 83 or 52.5% of the accused persons had an indictment
disposed less than three (3) years after it was filed.

ANNUAL REPORT 2014-2015 97


The table also highlights the 1.24% increase in accused persons whose matters
Table 26:
were disposed by Guilty Pleas during the 2014-2015 Law Term, as compared
NUMBER OF ACCUSED IDENTIFIED ON INDICTMENT with its immediate predecessor, the 2013-2014 Law Term.
WHOSE MATTER WAS LISTED FOR HEARING AND DISPOSED
BY MANNER OF DISPOSITION One of the main contributors to this significant disposition increase during
the 2014-2015 Law Term, is the increase in Maximum Sentence Indication
MANNER OF DISPOSITION (MSI) hearings (Goodyear).

Year Total Guilty Guilty Acquittals Discontinued “The MSI enables an Accused person whose matter is on the trial list to inquire from
the Judge the maximum sentence that the judge would impose based on facts agreed
Pleas Verdicts (Charges
between the Prosecution and the Defense, about the commission of the particular
Dropped) offence(s) for which the Accused is before the Court”.

6-year Average 105 28 21 40 16 There were no MSI hearings that resulted in Guilty Pleas during the 2012-
2014-2015 158 56 33 48 21 2013 and 2013-2014 Law Terms. During the 2009-2010 to 2011-2012, the
maximum amount of MSI that resulted in a Guilty Plea was two.
2013-2014 107 25 35 36 11
2012-2013 74 21 17 27 9 In the 2014-2015 Law Term there were 17 MSI hearings that resulted in Guilty
2011-2012 70 17 12 33 8 Pleas, which accounted for 30% of the accused persons whose indictments
2010-2011 115 27 16 49 23 were disposed of through Guilty Pleas.
2009-2010 108 20 15 45 28

Table 26 represents the number of Criminal Accused persons whose matters


were disposed by manner of disposition for six (6) consecutive Law Terms.
The table shows that Guilty Pleas and Guilty Verdicts accounted for 89 or
56.3% accused persons whose indictments were disposed of during the 2014-
2015 Law Term. Accused persons whose matters were disposed of by an
Acquittal and Discontinued accounted for 43.7% or 69 persons who had their
matter disposed during the same period.

98 Restorative Dialogue – A Path to Justice


FIGURE 4

Accused – Matters Disposed by


Manner of Disposition
2009/2010 – 2014/2015
60

50

40

30

20

10

0
2014-2015 2013-2014 2013-2012 2012-2011 2011-2010 2010-2009

Guilty Pleas Guilty Verdicts Acquittals Discontinued

MATRIMONIAL CASELOAD STATISTICS


TABLE 27: Table 27 looks at the number of new Divorce cases filed during the
NEW DIVORCES CASES FILED 2009-2010 TO 2014-2015 2014-2015 Law Term. The data reveals that there was a slight decrease
in the number of matters filed for the Law Term 2014-2015 as compared
Year New Divorces Filed with the 2013-2014 Law Term.
TOTAL * POS SDO Tobago
The minimal decrease in new matters filed occurred in Port of Spain
(Family Court) which decreased by 33 or 1.4%, from 2,424 (2013-2014)
6 year Average 2,831 2,327 436 68 to 2,391 (2014-2015).
2014-2015 2,814 2,391 331 92
2013-2014 2,824 2,424 329 71 New filings at Port of Spain accounted for 84.9% of all divorce petitions
filed, San Fernando for 11.8% with 331 filings, while Tobago accounted
2012-2013 2,922 2,439 430 53
for 3.3% with 92 filings.
2011-2012 2,840 2,277 500 63
2010-2011 2,857 2,336 469 52
2009-2010 2,731 2,096 557 78

* Family Court data only

ANNUAL REPORT 2014-2015 99


TABLE 28:
MATRIMONIAL CASES FOR HEARING 2009-2010 TO 2014-2015 Table 28 presents information on the number of Matrimonial cases
listed for hearing during the Law Term 2014-2015. There were 344
cases listed at the San Fernando and Tobago Supreme Courts. The
*Directions for Trial by Type of Filing
data also highlights the overall decrease of 29 or 7.8% of matters listed
Year Total Contested Special during the 2013-2014 Law Term when compared with the Law Term
Matters Procedure Ordinary 2013-2014. There were notable decreases in all matters listed; Special
List List List Procedure, Ordinary and Contested.
* * * *
Special Procedure and Ordinary listed matters continued to show a
steady decline, which began during the 2010-2011 Law Term. Special
6-year Average 422 5 402 15
Procedure cases for hearing decreased by 6.4%; from 345 (2013-2014),
2014-2015 344 3 323 18 to 323 during the period under review. Matters listed as Ordinary
2013-2014 373 4 345 24 decreased by 25% from twenty-four (24) (2013-2014) to eighteen (18)
2012-2013 333 13 319 1 (2014-2015).
2011-2012 429 2 421 6
2010-2011 457 8 440 9
2009-2010 595 2 564 29

* San Fernando and Tobago Supreme Courts Only

100 Restorative Dialogue – A Path to Justice


TABLE 29:
MATRIMONIAL CASES DETERMINED 2009-2010 TO 2014-2015

Year Total Decree Nisi Decree Absolute


POS * S’ do T ’go Total POS * S’ do T ’go

6-year Average 2,028 1,874 128 26 2,345 1,899 401 45


2014-2015 2,253 2,177 57 19 2,391 2,019 326 46
2013-2014 1,963 1,841 84 38 2,260 1,894 299 67
2012-2013 1,958 1,800 127 31 2,321 1,998 291 32
2011-2012 2,018 1,828 159 31 2,461 2,021 399 41
2010-2011 1,914 1,776 127 11 2,189 1,642 508 39
2009-2010 2,061 1,821 214 26 2,444 1,817 585 42

* Family Court data only

Table 29 reveals that in the 2014-2015 Law Term, there was an increase in the San Fernando decreased by 32% from 84 (2013-2014) to 27 (2014-2015).
total number of Decree Nisi Orders. There were, 253 orders granted during
the period under review; this represents an increase of 15% or 290 orders The table above also indicates that 2,391 Decree Absolute Orders were granted
when compared to the previous year (2013-2014). in the 2014-2015 Law Term. The figure represents an increase by 131 or 5.5%
over the preceding Law Term (2013-2014).
Of the decree Nisi Orders granted, Port of Spain accounts for 96.6 % with
2,177 orders granted and San Fernando followed with 2.5% or 57 orders Overall, there were increases in the Decree Absolute Orders granted in the
granted. There were 19 orders granted at Tobago which accounted for 0.8 % Port of Spain (Family Court) and San Fernando Registry. However, decreases
of all Nisi Orders granted during the 2014-2015 Law Term. were recorded at the Tobago Registry. Port of Spain showed an increase of
6.5% with 2,019, San Fernando 9% with 326 and Tobago showed decreases
It should be noted that Decree Nisi Orders granted in Port of Spain increased of 31.3% with 21.
by 15% from 1,841 (2013-2014) to 2,177 (2014-2015) while Orders granted at

ANNUAL REPORT 2014-2015 101


TABLE 30:
DECREE NISI GRANTED BY TIME TAKEN AND COURT LOCATION 2014-2015

No. of Years to Determination and Year Filed


No. of Matters
Court District Determined < 1 yr 1 <2 yrs 2 <3 yrs 3 <4 yrs 4 <5 yrs 5 <6 yrs 6+ yrs
20142015 2014/2015 2013/2014 2012/2013 2011/2012 2010/2011 2009/2010 Before 2009

TOTAL 2,318 2,158 97 38 18 2 0 5


% 100 93 4.2 1.6 .80 .09 0 0
Port of Spain 2,177 2,136 34 4 2 1 0 0
San Fernando 121 11 57 32 16 1 0 4
Tobago 20 11 6 2 0 0 0 1

An examination of the data in Table 30 reveals that of the 2,318 Decree Nisi
orders granted for the 2014-2015 Law Term, 93 % or 2,158 orders were granted
within one year of filing; 4.2% or 97 were granted between one (1) and two (2)
years of filing and 1.6% or 38 were determined after two (2) years of filing.

This data indicates that the vast majority of matrimonial matters for which Decree
Nisi Orders were granted, were filed within the same Law Term, 2014-2015.

102 Restorative Dialogue – A Path to Justice


TABLE 31:
DECREE ABSOLUTE GRANTED BY TIME TAKEN AND COURT LOCATION 2014-2015

No. of Years to Determination/Year Filed


No. of Matters
Court District Determined < 1 yr 1 <2 yrs 2 <3 yrs 3 <4 yrs 4 <5 yrs 5 <6 yrs 6+ yrs
2014/2015 2014/2015 2013/2014 2012/2013 2011/2012 2010/2011 2009/2010 Before 2009

Total 2,399 1567 371 242 117 52 20 31


% 100 65.32 15.46 10.09 4.9 2.2 .83 1.3
Port of Spain 2,004 1,507 315 92 42 20 10 19
San Fernando 344 39 38 146 74 31 9 7
Tobago 51 21 18 4 1 1 1 5

Table 31 provides a similar analysis with regard to Decree Absolute orders


granted during the 2014-2015 Law Term. There were 2,399 orders granted;
65.32% or 1,567 originated from matters filed in the 2014-2015 Law Term;
15.5% or 371 originating from matters filed in the 2013-2014; and 10.09% or
242 from matters filed during or before the 2013-2014 Law Term.

ANNUAL REPORT 2014-2015 103


PROBATE CASELOAD STATISTICS

Table 32 provides statistical data as related to the High Court Probate Caseload
TABLE 32: for the Law Terms 2009-2010 to 2014-2015. There were 3,633 Probate
PROBATE APPLICATIONS FILED AND DISPOSED applications filed during the period under review. This figure represents an
2009-2010 TO 2014-2015 increase of 581 or 19% when compared with the 2013-2014 Law Term.

Year Total Large Estate Small Estate The Probate applications filed in this Law Term is representative of 3,446
Filed Disposed Filed Disposed Filed Disposed applications related to Large Estates and 187 related to Small Estates.
6-year
Average 3,463 3,106 3,235 2,896 228 210 The table above also indicates that 3,148 Applications disposed during the
2014-2015 3,633 3,148 3,446 2,962 187 186 2014-2015 Law Term. This figure represents a decrease of 140 or 4.3% when
compared to the previous Law Term.
2013-2014 3,052 3,288 2,824 3,119 228 169
2012-2013 3,488 3,538 3,254 3,290 234 248 Of the applications disposed 2,962 were related to Large Estates and 186 were
2011-2012 3,921 2,820 3,650 2,573 271 247 related to Small Estates.
2010-2011 3,232 2,969 3,027 2,759 205 210
2009-2010 3,451 2,871 3,207 2,673 244 198 These figures yield a clearance ratio of 0.86 for Large Estates and 0.99 for
Small Estates.

FIGURE 5

Probate – Filed and Disposed


2009/2010 – 2014/2015
4,500
4,000
3,500
2,500
2,000
1,500
1,000
500
0

2014-2015 2013-2014 2012-2013 2011-2012 2010-2011 2009-2010

Filed Disposed

104 Restorative Dialogue – A Path to Justice


TABLE 33:
PROBATE MATTERS DISPOSED BY LIMIT TO DISPOSITION 2014-2015

Time to Disposition (Year Filed)


No. of Matters
Subtype Disposition < 1 yr 1 <2 yrs 2 <3 yrs 3 <4 yrs 4 <5 yrs 5 <6 yrs 6+ yrs
2014/2015 2014/2015 2013/2014 2012/2013 2011/2012 2010/2011 2009/2010 Before 2009

TOTAL 3,563 1,198 1,292 463 221 109 84 196


% 100 34 36.3 13 6.2 3.1 2.36 5.5
Large Estates 3,373 1,053 1,260 456 219 108 84 193
Small Estates 190 145 32 7 2 1 0 3

Table 33 further examines the number of Probate applications that were


disposed in the 2014-2015 Law Term. The data is disaggregated by the year in
which such applications were actually filed, which gives an indication of the
length of time an application takes from filing to disposition.

Of the applications disposed in the period under review, 34% or 1,198 were
disposed in the year in which they were filed, 36% or 1,292 were disposed
within one (1) to two (2) years of filing and 13% or 463 were determined after
two (2) years of filing.

These findings suggest that 70% of Probate applications were disposed within
two years of filing.

ANNUAL REPORT 2014-2015 105


TABLE 34:
PROBATE APPLICATIONS DISPOSED BY TYPE OF DISPOSAL
2014-2015

Type of Disposal Total Large Estates Small Estates

Amended 99 98 1
Application Withdrawn 143 142 1
Granted 2,727 2,709 18
Grant Revoked 13 13 0
Total 2,982 2,962 20

Table 34 examines the manner in which completed Probate applications were


disposed in the 2014-2015 Law Term. Probate applications granted totaled two
thousand, seven hundred and twenty seven (2,727) which represents 91.4% of
all applications disposed of during the period under review.

Applications amended, withdrawn and grant revoked accounted for the


8.6% with totals of 99,143 and 13 respectively.

106 Restorative Dialogue – A Path to Justice


FAMILY COURT CASELOAD STATISTICS
Introduction a decrease of 25% between the years 2012/2013 and 2013/2014 in the amount
of cases brought before the Magistrate’s court.
During its eleven (11) years of existence, the Family Court of Trinidad and
Tobago continues to be a foremost institution where it’s main aim is to assist Matters which have been brought to the court and were referred directly from
the Judiciary in dealing with family disputes. The Court continues to regularly Intake to either Mediation or Social Services, the caseloads for both types of
assess its operation and function and implement new initiatives to improve services offered by the Court have been quite unpredictable over the last four
service delivery. One such initiative is the upgrading of the Case Management years. When combined, caseloads for these services represent one per cent
Information System (CMIS) currently used at the Family Court, JEMS 4.0 (1%) of the overall caseload of the Court for the year 2014/2015.
to a customised version of the software GUI JEMS 6.0. This upgrade is
geared towards restructuring internal processes of the Court with an aim to
FIGURE 6
improving the capabilities of the information system whereby adding value,
reducing delay and reducing errors so as to facilitate the improvement of all
court processes. YEARLY TRENDS IN NUMBERS OF MATTERS/APPLICATIONS
BROUGHT TO THE FAMILY COURT
The Family Court remains committed to maintaining the public trust and 10000
confidence of its services provided through a multidoor approach that includes
the availability of on-site Alternative Dispute Resolution processes such as
Intake, Mediation, Social Intervention and Child and Youth care services. The 8000

following tables represent performance indicators focusing on the areas of


access to justice and timeliness. 6000

The unwavering trust and confidence of the public and the Courts’ ability to
provide access to justice can be seen within Figure 4. From a base of 8,120 4000
cases in 2011/2012, the overall caseload fluctuated, increasing the following
year by 5% to 8,491 cases in 2012/2013, declining by 22% to 6,630 cases in
2000
2013/2014 then increasing by 15% to 7,606 cases in 2014/2015.

Matters brought to the Family High Court have grown gradually but by a 0
mere 9% from 2531 matters in 2011/2012 to 2,750 matters in 2014/2015. The Family Family Intake Intake Total
caseload of the Magistrates’ Court shows a decrease with 4,763 applications High Court Magistrates’ Referrals to Referrals
(Matters) Court Mediation to Social
in 2014/2015 being 14% lower than the 5,528 applications in 2011/2012. (Applic.) Services
However between 2011/2012 and 2012/2013 there was an increase of 4% and
Aug 11 > July 12 Aug 12 > July 13
Aug 13 > July 14 Aug 14 > July 15

ANNUAL REPORT 2014-2015 107


More detailed data on trends in caseloads also helps provide the Court with Statistics are also kept on trends in the types of cases brought before the
advance warning of whether or not current resources are able to cover any Family High Court and Magistrates’ Courts. Since the beginning of the Family
developing increase or decrease in caseloads. Figure 5 shows that, the growth Court, Divorce matters have accounted for a very high percentage of matters
from one (1) six (6)-month period to the next has been fairly steady from presented in the caseload of the Family High Court. Figure 8a indicates that
2011/2012 through 2014/2015. The period February 2014 to July 2014 shows in 2014/2015, 1,320 or (90%) of the matters brought before the Family High
a decrease in the number of matter brought to the Family Court. Court were related to divorce.

FIGURE 7 FIGURE 8a

HALF YEARLY TRENDS IN NUMBERS OF MATTERS/APPLICATIONS HALF YEARLY TRENDS IN NUMBERS OF DIFFERENT TYPES OF MATTERS
BROUGHT TO THE FAMILY COURT: BY TYPE OF COURT OR SERVICE BROUGHT TO THE FAMILY HIGH COURT
5,000
1,500

4,000
1,200

3,000
900

2,000
600

1,000 300

0 0
Aug 11 Feb 12 Aug 12 Feb 13 Aug 13 Feb 14 Aug 14 Feb 15
> Jan 12 > July 12 > Jan 13 > July 13 > Jan 14 > July 14 > Jan 15 > July 15 Aug 11 Feb 12 Aug 12 Feb 13 Aug 13 Feb 14 Aug 14 Feb 15
> Jan 12 > July 12 > Jan 13 > July 13 > Jan 14 > July 14 > Jan 15 > July 15

Family High Court (Matters) Intake Referrals to Mediation


Property Common-Law Relationships
Family Magistrates’ Court (Applic.) Intake Referrals to Social Services
Divorce Total

108 Restorative Dialogue – A Path to Justice


Figure 8b shows that in contrast, Maintenance and Custody applications have
continued to account for the highest percentage of the overall caseload of the
Family Magistrates’ Court—with 60% Maintenance applications and 31%
Custody applications brought before the Court during 2014/2015.

FIGURE 8b

HALF YEARLY TRENDS IN NUMBERS OF DIFFERENT TYPES OF MATTERS


BROUGHT TO THE FAMILY HIGH COURT

3,000

2,500

2,000

1,500

1,000

500

0
Aug 11 Feb 12 Aug 12 Feb 13 Aug 13 Feb 14 Aug 14 Feb 15
> Jan 12 > July 12 > Jan 13 > July 13 > Jan 14 > July 14 > Jan 15 > July 15

Maintenance Domestic
Delinquency Custody
Commom-Law Total
Relationships

ANNUAL REPORT 2014-2015 109


TABLE 35
YEARLY TRENDS IN NUMBER AND PERCENT OF REFERRALS TO SOCIAL SERVICES FOR PROBATION BY SOURCE OF REFERRAL

Source of Referrals Aug 2011 -Jul 2012 Aug 2012 -Jul 2013 Aug 2013 -Jul 2014 Aug 2014 -Jul 2015 Total

Family High Court 102 17% 103 14% 95 16% 88 17% 388
Family Magistrates’ Court 508 83% 634 86% 489 84% 443 83% 2,074
Intake Officer (Independent) 0 0% 0 0% 0 0% 0 0% 0
Hall of Justice High Court Matrimonial 0 0% 0 0% 0 0% 0 0% 0
Total 610 100% 737 100% 584 100% 531 100% 2,462

Table 35 presents statistics on the trends of referrals to Social Intervention


Services from both the Family High Court and the Family Magistrates’ Court.
The referrals to Social intervention for probation services for 2014/2015
totaled 531, with the majority 83% coming from the Family Magistrates’
Court. Similar trends were observed in the previous court years with 84%
in 2013/2014, 86% in 2012/13 and 83% in 2011/2012. On the contrary, only
88 or 17% were referred from the High Court in 2014/2015, 95 or 16% in
2013/2014, 103 or 14% in 2012/2013 and 102 or 17% in 2011/2012. Over the
years the numbers of referrals from the Family Magistrates’ Court has always
been significantly higher than that of the Family High Court.

110 Restorative Dialogue – A Path to Justice


TABLE 36
YEARLY TRENDS IN NUMBER AND PERCENT OF REFERRALS TO SOCIAL SERVICES FOR COUNSELLING BY SOURCE OF REFERRAL

Source of Referrals Aug 2011 -Jul 2012 Aug 2012 -Jul 2013 Aug 2013 -Jul 2014 Aug 2014 -Jul 2015 Total

Family High Court 295 32% 332 34% 270 34% 338 47% 1,235
Family Magistrates’ Court 624 67% 648 66% 500 62% 346 48% 2,118
Intake Officer (Independent) 4 0% 5 0% 26 3% 35 5% 70
Hall of Justice High Court Matrimonial 3 0% 4 0% 5 1% 0 0% 12
St. George West Magistrates’ Court 0 0% 0 0% 1 0% 7 1% 8
Tunapuna Magistrates’ Court 1 0% 0 0% 0 0% 0 0% 1
Total 927 99% 989 100% 802 100% 726 100% 3,444

With regard to referrals to Social Services for social work intervention


(counseling), of the 726 referrals to Social Services for counselling during
2014/2015, the Magistrates’ Courts accounted for 346 or 48% of those
referrals. This can be seen in Table 36. In contrast only 338 or 47% were
referred from the High Court. The drastic increase in referrals for social
intervention (counseling) over the years triggered an administrative decision
to cease referrals directly from Intake for social intervention (counselling).
The impact of this decision, explains the drop in the number of referrals from
Intake over time.

ANNUAL REPORT 2014-2015 111


Table 37
YEARLY TRENDS IN MEDIATIONS COMPLETED: BY SOURCE OF REFERRAL BY YEAR COMPLETED

Source of Referrals Aug 2009 > Jul 2010 Aug 2010 > Jul2011 Aug 2011 > Jul 2012 Aug 2012-Jul 2013 Aug 2013-Jul 2014 Aug 2014-Jul 2015 Total

Family High Court 110 49% 102 78% 192 48% 130 53% 127 42% 252 73% 913
Family Magistrates’ Court 62 28% 20 15% 150 38% 70 29% 125 41% 35 10% 462
Family Court Intake 52 23% 9 7% 57 14% 45 18% 53 17% 58 17% 274
Social Services Unit 1 0% 0 0% 0 0% 0 0% 0 0% 1 0% 2
Total 225 100% 131 100% 399 100% 245 100% 305 100% 346 100% 1,651

The role of mediation continues to be an enabling agent in the dispute resolution FIGURE 9
at the Family Court. Table 37 represents the yearly trends of the number of
completed referrals over the last four (4) Court terms. There was an increase YEARLY TRENDS IN THE CHILDREN ACCESSING DAY CARE FACILITIES BY
in the number of completed referrals from the High Court of 98% from 127 FREQUENCY AND USE
800
in 2013/2014 to 252 in 2014/2015. In contrast, there was a noticeable 72%
decline in the completed referrals to mediation from the Family Magistrates’
700
Court from 125 in 2013/2014 to 35 in 2014/2015. Completed referrals from
Intake to mediation showed a slight 9% increase from 53 in 2013/2014 to 58 in
600
2014/2015. However, the overall number of referrals resulting in completed
mediations increased by 13% from 305 in 2013/2014 to 346 in 2014/2015.
500
Figure 9 shows the trends in the number of children and youths accessing
400
Day Care facilities at the Family Court and the number of times each accessed
those facilities.
300

The number of children accessing the Child Care facilities fluctuated over the
200
last two (2) years. The total number of children accessing the child care facility
decreased by 8% from 553 to 509 between the years 2013/2014 and 2014/2015.
100
The Child Care facilities fluctuated with return business within the last year
(2014-2015), with negligible declines between 37 per cent and two per cent of
0
customers accessing the child care facility when compared to previous years Once Twice Three Times Four Times More than Total
(2011/2012-2013/2014). Four Times

Aug 11 - Jul 12 Aug 12 - Jul 13 Aug 13 - Jul 14 Aug 14 - Jul 15

112 Restorative Dialogue – A Path to Justice


Figure 10 shows the trends in the number of children and youths accessing Figure 11 shows that in the Family Court, High Court there was a steady
Youth Care facility at the Family Court and the number of times each accessed increase in the total number of matters determined. The period August 2014
those facilities. to July 2015 showed an 11% increase from the previous year, 2013/2014.
Matters determined by way of application determined, accounted for the
The number of youth accessing the Youth Care facilities fluctuated over the largest percentage (56%), while Section 47 accounted for 20% and Dismissed
last two (2) years. The total number of youth accessing the Youth Care facility 12% of all Matters Determined.
decreased significantly by 33% from 804 to 538 between the years 2013/2014
and 2014/2015. In all the years, there was a fluctuation of customers returning
to use the Youth Care facility more than once in each year from 2011/2012 to
2014/2015.

FIGURE 10 FIGURE 11

YEARLY TRENDS IN THE YOUTHS ACCESSING THE YOUTH WAITING ROOM FAMILY HIGH COURT MATTERS BY MANNER OF DETERMINATION
BY FREQUENCY OF USE 2,000
1,000

800 1,500

600
1,000

400
500

200

0
Sec.47 Determined D. NISI Dismissed Finalised Struck Settled Discon- Discharge Withdraw TOTAL
0 Granted Out tinued
Once Twice Three Times Four Times More than Total
Four Times Aug 11 - Jul 12 Aug 12 - Jul 13 Aug 13 - Jul 14 Aug 14 - Jul 15

Aug 11 - Jul 12 Aug 12 - Jul 13 Aug 13 - Jul 14 Aug 14 - Jul 15

ANNUAL REPORT 2014-2015 113


Figure 12 shows the number of Family Magistrates matters determined Figure 13 indicates the clearance ratio between the numbers of matters filed
by manner of determination. There was a decrease in the total number of and the number of matters determined in the Family High Court for the
matters determined between the period 2012/2013 and 2013/2014. However, period August 2012 to July 2015. Data indicates that there have been minor
the most noticeable decrease occurred during the period August 2014-July fluctuations in clearance ratios over the periods under review, with the current
2015. Dismissed matters accounted for 56% of all matters determined, while period 2014/2015 having the highest clearance ratio of all. The data presented
Application Determined and Withdrawn matters accounted for 41% and 3% shows approximately 50% of the matters being filed are determined.
respectively.

FIGURE 12 FIGURE 13

FAMILY MAGISTRATES’ COURT MATTERS BY MANNER OF DETERMINATION


FAMILY HIGH COURT YEARLY CLEARANCE RATIO
8,000
3,000
7,000
6,000 2,500
5,000
2,000
4,000
3,000 1,500
2,000
1,000 1,000
0
500
Application Dismissed Discharged Withdrawn Settled Finalised TOTAL
Determined 0
Aug 11 - Jul 12 Aug 12 - Jul 13 Aug 13 - Jul 14 Aug 14 - Jul 15
Aug 11 - Jul 12 Aug 12 - Jul 13 Aug 13 - Jul 14 Aug 14 - Jul 15
Matters Filed 2,570 2,744 2,759 2,749

Matters Determined 1,355 1,294 1,405 1,587


0.53 0.47 0.51 0.58
Clearance Ratio

114 Restorative Dialogue – A Path to Justice


Figure 14 reveals that notwithstanding the notable decrease in the clearance
ratios between August 2011 and July 2015, the Family Magistrates’ Court
maintains a higher clearance ratio than that of the Family High Court. A
clearance ratio of more than one (1) suggests that there are more matters
being determined than filed.

FIGURE 14

FAMILY MAGISTRATES’ COURT MATTERS YEARLY CLEARNACE RATIO


8,000
7,000
6,000
5,000
4,000
3,000
2,000
1,000
0
Aug 11 - Jul 12 Aug 12 - Jul 13 Aug 13 - Jul 14 Aug 14 - Jul 15

Matters Filed Matters Determined Clearance Ratio

3000 ANNUAL REPORT 2014-2015 115


Table 38
CURRENT PENDING/DETERMINATION STATUS OF MATTERS AND APPLICATIONS: BY YEAR OF MOST RECENT
COURT HEARING (% WITHIN EACH YEAR)

Aug 2011 > July 2012 Aug 2012> July 2013 Aug 2013> July 2014 Aug 2014> July2015 Total: All years
FAMILY HIGH COURT (Matters) column % #

Pending (column %) 42% 33% 41% 44% 25% 4,809


Determined (column %) 58% 67% 59% 56% 75% 14,465
Total Matters 2,367 2,173 2,046 2,750 100% 19,274
FAMILY MAGISTRATES’ COURT (Applic.)
Pending (column %) 43% 34% 43% 45% 27% 10,691
Determined (column %) 57% 66% 57% 55% 73% 29,400
Total Matters 5,295 5,204 4,290 4,763 100% 40,091

Another set of performance measures monitored closely by the Family Court as of July 31, 2015; the Family Magistrates’ Court had 10,691 applications
are related to the size and nature of the courts’ inventory of pending cases as pending. This represents 27% of all applications that have been filed in the
illustrated in Table 38. At the end of the most recent year of operation (July Family Magistrates’ Court. Similarly to the High Court, 45% of these pending
31, 2015), the Family High Court had 4,809 matters pending. This represents applications had a hearing in the most recent fiscal year. These matters are
25% of all matters that have been filed in the Family High Court. In addition, receiving the active attention of the Court and they are not, in this context, a
44% of these pending matters had a hearing in the most recent fiscal year. A source of main concern.
situation of very similar level possibly exists in the Family Magistrates’ Court,

116 Restorative Dialogue – A Path to Justice


MAGISTERIAL STATISTICS

TABLE 39
NEW CASES FILED BY YEAR AND TYPE 2009-2010 TO 2014-2015
* **
Non ** Domestic Petty Private Ejectment Inquests
Year Total Capital Capital Family Violence Traffic Civil Summary

6-year
Average 113,675 116 23,803 15,209 11,129 49,804 1,436 11,337 503 339
2014-2015 115,536 113 24,312 13,635 9,284 56,744 1,115 9,666 352 315
2013-2014 125,166 71 23,963 14,658 10,389 64,452 1,020 9,996 397 220
2012-2013 130,872 84 23,297 15,755 11,382 65,298 2,691 11,428 595 342
2011-2012 116,903 94 25,776 15,163 11,627 50,694 1,190 11,511 478 370
2010-2011 104,155 146 23,284 16,063 11,984 38,168 1,497 11,993 617 403
2009-2010 89,416 187 22,187 15,982 12,106 23,465 1,105 13,426 577 381

* Indictable, Summary and Indictable cases heard summarily Table 39 looks at the number of new matters filed over the past six (6) Law
** Applications under the Status of Children Act (1981), and Family Law Terms by year and subtype. The new cases filed in the 2014-2015 Law Term
(Guardianship of Minors, Domicile and Maintenance Act) stands at 115,536, a decrease of approximately eight per cent (8%) or 9,630
*** Cases not brought by the police but by private individuals from the previous Law Term (2013-2014).

The table above also highlights the decreases in all case types with the
exception of Petty Civil, Capital, Non-Capital and Inquest. These case types
show increases in new matters filed of nine per cent (9%) (Petty Civil), 59%
(Capital), 1.5% (Non-Capital) and 43% (Inquest).

ANNUAL REPORT 2014-2015 117


TABLE 40
CASES DISPOSED BY YEAR AND CASE TYPE 2009-2010 TO 2014-2015
* **
Non ** Domestic Petty Private Ejectment Inquests
Year Total Capital Capital Family Violence Traffic Civil Summary

2014-2015 77816 47 15236 12359 8587 32441 598 8172 328 48


Disp. to
Filed Ratio 0.67 0.42 0.63 0.91 0.92 0.57 0.54 0.85 0.93 0.15
2013-2014 83,822 31 17,481 12,521 9,370 33,881 743 9,247 466 82
2012-2013 86,986 41 20,853 13,126 10,145 31,697 792 9,800 509 22
2011-2012 81,953 39 18,170 13,478 10,530 28,814 979 9,424 426 93
2010-2011 86,759 47 18,247 13,965 11,262 31,538 939 10,132 566 63
2009-2010 88,907 70 22,263 13,457 10,817 28,677 1,102 11,937 501 83

Table 40 gives a representation of the number of cases disposed by year and The decrease in matters disposed is particularly noticeable in the case types
case-type for the last six (6) Law Terms. The data shows that the total amount Non Capital which decreased by 12.8% or by 2,245 matters. Petty Civil matters
of matters disposed during the 2014-2015 Law Term was 77,816, which is a decreased by 19.5% or 145; Inquest matters disposed decreased by 41% or 34
decrease of 7.2% or 6,006 cases disposed over the previous Law Term (2013- and Ejectment matters disposed decreased by 29.6% or by 138.
2014).
The overall disposition to filing ratio of 0.66% indicates an accumulating
backlog of cases to be disposed.

118 Restorative Dialogue – A Path to Justice


TABLE 41
NEW CASES FILED BY DISTRICT AND CASE TYPE 2014-2015

DISTRICT
01/08/2014 **
to Non ** Domestic Petty Private Ejectment Inquests
31/07/2015 Total Capital Capital Family Violence Traffic Civil Summary

Arima 21 2,731 2,519 1,112 11,299 167 858 40 0 18,747


Chaguanas 8 2,062 1,378 815 7,069 53 729 38 72 12,224
Couva 3 750 1,048 683 2,090 9 685 12 0 5,280
Mayaro 0 389 550 148 238 20 225 4 0 1,574
Point Fortin 1 679 50 409 2,054 78 341 25 36 3,673
Princes Town 5 1,284 1,424 734 1,894 39 674 4 26 6,084
Rio Claro 1 553 386 150 548 14 226 1 8 1,887
San Fernando
(Old Court) 7 2,772 36 0 32 0 111 1 0 2,959
San Fernando
(Madinah Building) 0 211 1,753 1,048 8,324 63 1,175 45 7 12,626
Sangre Grande 8 1,818 1,217 659 3,832 63 777 13 2 8,389
Siparia 4 1,823 1,815 948 3,749 87 583 30 61 9,100
St George West 44 6,287 1 1,605 6,380 327 2,029 77 11 16,761
Tunapuna 9 1,189 670 470 6,031 67 439 28 83 8,986
Tobago 2 1,764 788 503 3,204 128 814 34 9 7,246
TOTAL 113 24,312 13,635 9,284 56,744 1,115 9,666 352 315 115,536

Table 41 presents information on the number of new matters filed that have The information also shows that the main subtype contributor to new matters
been filed at the Magistrates’ Courts during the 2014-2015 Law Term. The filed during the period under review is Traffic, which accounts for 49% or
statistical information disaggregated by Court districts and case-types show 56,744 matters disposed; this is followed by Non-capital matters with 21% or
that there are four (4) districts combined that account for approximately 52% 2,4312 matters filed.
or 60,313 new matters filed. These districts are Arima, Chaguanas, St. George
West and San Fernando (Madinah Building). Capital, Domestic Violence, Petty Civil, Private Summary, Ejectment and
Inquest combined accounts for 18% or 20,845 new matters filed.

ANNUAL REPORT 2014-2015 119


TABLE 42
CASES DISPOSED BY DISTRICT AND CASE TYPE 2014-2015

DISTRICT
01/08/2014
to Non Domestic Petty Private Ejectment Inquests TOTAL
31/07/2015 Capital Capital Family Violence Traffic Civil Summary

Arima 8 1,903 2,363 1,097 1,790 83 852 33 0 8,129


Chaguanas 1 1,465 1,311 789 4,239 51 755 49 0 8,660
Couva 4 817 857 636 1,124 14 626 8 9 4,095
Mayaro 2 280 392 139 184 5 202 3 2 1,209
Point Fortin 4 794 831 411 985 83 452 38 6 3,604
Princes Town 5 855 1,467 749 582 51 798 11 5 4,523
Rio Claro 2 409 284 134 265 17 295 9 3 1,418
San Fernando
(Old Court) 2 1,767 0 0 17 0 7 0 0 1,793
San Fernando
(Madinah Building) 0 118 1,309 915 5,482 45 915 23 14 8,821
Sangre Grande 0 1,669 1,350 692 3,159 0 738 10 0 7,618
Siparia 4 1,194 1,297 923 2,456 30 902 41 2 6,849
St George West 12 2,391 19 1,501 9,159 213 1,247 85 2 14,629
Tunapuna 1 789 474 300 2,126 6 263 14 0 3,973
Tobago 2 785 405 301 873 0 120 4 5 2,495
TOTAL 47 15,236 12,359 8,587 32,441 598 8,172 328 48 77,816

Table 42 looks at cases disposed by court district and case-types. Across all In terms of matters disposed by district, the main contributors to the 2014-
Magisterial Districts, the major subtype contributors to matters disposed 2015 Law Term are St. George West with 14,629 or 18.8% of matters disposed,
during the 2014-2015 Law Term are Traffic matters which accounts for 41.7% Chaguanas with 8,660 or 11.1% of matters disposed and Arima with 8,129 or
of all matters disposed, with 32,441 matters disposed. This is followed by Non- 10.4% of matters disposed.
capital with 19.6% or 15,359 matters disposed and Family with 15.9% or 12,359
matters disposed.

120 Restorative Dialogue – A Path to Justice


Table 43 shows the disposition to filing ratio for all Magisterial Districts.
TABLE 43 Overall the disposition to filing ratio for the 2014-2015 Law Term remained
DISPOSAL TO FILING RATIO BY MAGISTERIAL DISTRICT the same as the previous Law Term 2013-2014 at 0.67.
2014-2015
M According to the data, the top performing Magisterial Districts are Point
MAGISTERIAL Fortin, Sangre Grande, and St. George West with Disposal to filing ratios of
DISTRICT FILED DISPOSED DISPOSAL 0.98, 0.91 and 0.87 respectively.
Arima 18,747 8,129 0.43
One should note, however, that the number of new matters filed at the Arima
Chaguanas 12,224 8,660 0.71 Magistrates’ Court were unusually high during the 2014-2015 Law Term. An
Couva 5,280 4,095 0.78 analysis of the new matters filed at this Court over five consecutive Law Terms
Mayaro 1,574 1,209 0.77 (2008/2009 to 2013/2014) shows an average filing of 11,022.
Point Fortin 3,673 3,604 0.98
The new matters filed during the 2014-2015 Law Term at the Arima Magistrates’
Princes Town 6,084 4,523 0.74 Court were 70% more than that of the five (5)-year average. The impact of the
Rio Claro 1,887 1,418 0.75 increase in new matters filed on allocated resources has resulted in a lower
San Fernando disposition to filing ratio.
(Old Court) 2,959 1,793 0.61
San Fernando
(Madinah Building) 12,626 8,821 0.70
Sangre Grande 8,389 7,618 0.91
Siparia 9,100 6,849 0.75
St George West 16,761 14,629 0.87
Tunapuna 8,986 3,973 0.44
Tobago 7,246 2,495 0.34
TOTAL 115,536 77,816 0.67

ANNUAL REPORT 2014-2015 121


FIGURE 15

MAGISTRACY – MATTERS AND FILED MATTERS DISPOSED BY COURT DISTRICT


2014-2015
20,000
18,000
16,000
14,000
12,000
10,000
8,000
6,000
4,000
2,000
0

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FILED DISPOSED

The units of analysis with regard to the data presented thus far in the
examination of the Magisterial Justice System have been the cases. Another
way in which the statistics for the Magisterial Districts can be analysed is an
examination of the outcomes as they relate to the person(s) who have matters
before the Magistrates’ Courts as it relates to Summary offences, Indictable
Offences that are heard summarily, Civil Matters, Family Matters or Traffic/
Tickets Matters.

NB: 1 In cases where a person is charged with multiple offences in multiple


matters, for the purpose of Tables 44 and 45, he will be counted once for
each offence/matter in which his name appears.

NB: 2 Data for Tobago Magistrates’ Court and San Fernando Magistrates’
Court not included in Tables 44 and 45

122 Restorative Dialogue – A Path to Justice


Table 44 displays a further analysis of the number of persons who had matters
TABLE 44 or offences listed and/ or disposed of during the 2014-2015 Law Term.
NUMBER OF PERSON(S) IN A MATTER OR OFFENCE
WHOSE CASE WAS LISTED FOR HEARING/DISPOSED BY There were 191,844 persons with matters and/or offences listed before the
MAGISTERIAL DISTRICT Magistrates’ Courts. Of those persons, 70,180 or 37% had their matter or
offence disposed during the 2014-2015 Law Term.
MAGISTERIAL Disposal To
DISTRICT Listed Disposed Listed Ratio
A look at the Disposal to filing ratio of the Magisterial Districts shows that
Arima 37,327 8,882 0.24 Couva, Mayaro, Point Fortin and Rio Claro Magistrates’ Courts have ratios of
Chaguanas 18,266 9,372 0.51 0.60 or above.
Couva 7,159 4,419 0.62
Mayaro 2,269 1,357 0.60 The overall Listed to filing ratio of 0.37 shows a developing backlog as more
Point Fortin 5,745 4,000 0.70 persons have their matters listed than disposed at the Magistrates Courts.
Princes Town 10,995 4,957 0.45
Rio Claro 2,517 1,590 0.63
Sangre Grande 16,686 8,232 0.49
Siparia 16,761 7,523 0.45
St George West 57,901 15,514 0.27
Tunapuna 16,218 4,334 0.27
TOTAL 191,844 70,180 0.37

ANNUAL REPORT 2014-2015 123


TABLE 45
NUMBER OF PERSON(S) IN A MATTER OR OFFENCE WHOSE MATTER WAS LISTED FOR HEARING AND
DISPOSED BY MAGISTERIAL DISTRICT AND MANNER OF DISPOSITION
2014-2015

Order
Magisterial Found Pleaded Found Committed Made/ Application Committed
Districts Not Guilty Guilty guilty to Stand trial Granted/ Approved/ to a Home/ Dismissed Other Total
Discharged Withdrawn Institution

Arima 14 2,401 79 46 274 4,755 0 1,295 18 8,882


Chaguanas 91 2,088 108 17 0 1,609 12 5,012 435 9,372
Couva 0 604 21 21 342 1,931 0 1,025 475 4,419
Mayaro 12 264 43 14 24 443 1 455 101 1,357
Point Fortin 39 588 87 45 24 752 0 2,045 420 4,000
Princes Town 20 559 556 14 41 1,159 2 2,210 396 4,957
Rio Claro 36 378 73 3 136 425 0 358 181 1,590
Sangre Grande 8 2,729 136 7 231 1,997 0 3,103 21 8,232
Siparia 27 1,386 65 56 7 1,528 0 4,384 70 7,523
St George West 66 1,310 1,073 35 343 967 5 11,536 179 15,514
Tunapuna 5 547 262 13 142 554 0 2,778 33 4,334
Total 318 12,854 2,503 271 1,564 16,120 20 34,201 2,329 70,180

Table 45 represents the number of persons who had a matter or offence persons who had their matters or offences disposed during the period under
listed for hearing before the Magistrates Court and disposed during the 2014 review.
– 2015 Law Term by manner of disposition. The table shows that person(s)
who had their offence(s) or matter(s) Dismissed, accounts for 48.7% or 34,201 A look at the Magisterial Districts shows that St. George West, Chaguanas,
disposals. Arima and Sangre Grande Magistrates’ Courts combined accounts for 42,000
or 60% of all persons who had their matters or offences disposed of during
The information also shows that Application Approved/Withdrawn and the 2014-2015 Law Term.
Pleaded Guilty respectively accounted for 23% or 16,120 and 18.3% or 12,854

124 Restorative Dialogue – A Path to Justice


TABLE 46 TABLE 47
ANNUAL CASELOAD AND AVERAGE DAILY CASELOAD TRAFFIC TICKETS RECEIVED, TRAFFIC TICKETS PAID
BY DISTRICT AND REVENUE GENERATED BY MAGISTERIAL DISTRICTS
2014-2015 2014-2015
District Annual Caseload Average Daily Caseload Courts No. of Tickets No. of Tickets Total Revenue
* Received Paid Collected
Arima 75,796 307
Chaguanas 41,809 167 Arima 14,375 6,260 $ 7,345,750.00
Couva 19,729 80 Couva 1,721 1,357 $ 1,293,500.00
Mayaro 10,872 44 Mayaro 429 320 $ 667,100.00
Point Fortin 17,173 69 Point Fortin 2,486 1,046 $ 960,450.00
Princes Town 33,291 134 Princes Town 2,033 652 $ 547,750.00
Rio Claro 8,277 33 Rio Claro 683 539 $ 359,600.00
San Fernando San Fernando 9,203 8,736 $ 2,242,650.00
(Old Court) 24,180 98 Sangre Grande 4,867 2,983 $ 2,251,950.00
**San Fernando Siparia 4,395 3,116 $ 2,413,750.00
(Madinah Building) 24,667 99 St George West 14,734 8,895 $ 9,250,650.00
Sangre Grande 30,964 125 Tunapuna 8,528 6,144 $ 8,077,350.00
Siparia 29,951 121 Tobago 3,338 3,397 $ 1,736,300.00
St George West 151,812 612 TOTAL 66,792 43,445 $ 37,146,800.00
Tunapuna 35,297 142
Tobago 23,227 94 * Information for Chaguanas Magistrates’ Court has not been included in Table 47.

ANNUAL REPORT 2014-2015 125


NOTES

126 Restorative Dialogue – A Path to Justice


NOTES

ANNUAL REPORT 2014-2015 127


NOTES

128 Restorative Dialogue – A Path to Justice


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ANNUAL REPORT 2014-2015 129

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