Ingraham: Justice system flawed

By LEANDRA ROLLE

Tribune Chief Reporter

lrolle@tribunemedia.net

FORMER Prime Minister Hubert Ingraham has slammed the country’s judicial system as plagued by inefficiency, excessive delays, and poor case management, accusing some judges of starting court late, taking years to deliver rulings, and retiring without issuing written judgments — while also criticising some lawyers for showing up unprepared, overcommitting, and contributing to the backlog.

His striking assessment came as he applauded Justice Dale Fitzpatrick, a recently appointed Canadian judge who said prolonged delays in criminal proceedings could “crush this system”.

“The judge is correct!” Mr Ingraham said in a letter to the editor yesterday.

“Justice Fitzpatrick has only been here in The Bahamas for three months. He has already recognised the grave problems that we are facing. His frank observations are refreshing, and it demonstrates some of the valuable benefits we can receive from persons who are not presently part of the system and who are willing to introduce new perspectives and practices derived from their experiences in other countries.”

During a hearing on Friday in the high-profile bribery case involving a former senior officer and a well-known attorney, Justice Fitzpatrick emphasised that the trial would not be postponed beyond 2026 and raised alarm over outstanding evidence, scheduling issues and a bloated witness list.

“Too many cases take too long to get to a trial,” Mr Ingraham said in his letter. “Last week, the jury unanimously acquitted a person accused of murder. The incident took place in 2019, and the matter did not come to trial until 2025, some six years later. Indeed, there was a murder trial heard in 2024 concerning an incident which occurred in 2013. There was a report of this case in the Nassau Guardian on 18th September, 2024. Presently, there is a high-profile case in the courts that has been going on for almost two years.”

Mr Ingraham said delays and adjournments should be minimised across all cases, including family matters like divorce and custody, which can worsen strained relationships and hinder people from moving on with their lives.

He said the justice system must uphold the constitutional right to a fair trial within a reasonable time, and judges should manage cases to prevent long delays and unnecessary adjournments.

“Too many judges are inefficient in managing their time and take too long to deliver their judgments,” he said. “There is no reason why a trial cannot begin at 9.30 and not 10 o’clock. We have heard of too many stories of jurors and witnesses sitting around waiting for their trials to start. Indeed, some judges are notorious in their habit of not starting court until well after 10am.

“There are known cases where judges take more than three years to deliver their judgments. Indeed, some have retired without giving a written reasoned judgment for oral decisions they have made. This is simply inexcusable.”

Mr Ingraham said lawyers also contribute to delays by appearing unprepared, overbooking cases, and filing documents at the last minute. He urged judges to stop accommodating such behaviour and instead penalise lawyers, not their clients, for these practices.

He said the Office of the Public Defender needs more resources.

To address the backlog, the Davis administration increased the number of Supreme Court judges from 20 to 25 and moved to expand court infrastructure.

While pointed criticism of judges is rare from prominent personalities, Attorney General Ryan Pinder has adopted a more direct tone recently, urging judges to deliver decisions more promptly. In January, during a retirement event for Court of Appeal President Justice Jon Isaacs, Mr Pinder drew nods and murmurs from the crowd when he remarked: “He has never been the subject of public or private criticism that he takes too long to deliver his judgments. This is something to be commended, an example that current judges should emulate.”

• Read the full letter on page six. 

Comments

ExposedU2C says...

Hubiggity long ago had his chance to do something about the problems he speaks of here, but he failed to do so mainly because it did not serve his own interests and the interests of his side-kick Watson at the time.

Posted 1 April 2025, 12:23 p.m. Suggest removal

TalRussell says...

**"A "Papa's Girl" unprepared grief!** -- Isn't it good to see after life's dealt such a blow; -- "Papa's" back; -- havin' regained his trademark fightin' form. -- "Bless you, my friend" stretchin' almost all of fifty years. -- Yes?

Posted 1 April 2025, 1:12 p.m. Suggest removal

bogart says...

Excellent revealing comments 'papa' Prime Minister.

Posted 1 April 2025, 3:43 p.m. Suggest removal

hrysippus says...

OK, As a nominally responsible Bahamian citizen I must confess that I have avoided for decades my civil duty to serve on a trial jury. The reasons are as follows; 1)the payment for serving is nothing short of an insult, 2) the judiciary system is historically corrupt, 3) If if found and I later meet the convicted out on bail for am appeal of his sentence then I be dead. 3) the meals are just awful, 4) my business would fail if I was absent for a 10 week trial, 5) The gubmint really don't care 'cos a defense lawyer who made millions of dollars off the system as it is, in now in charge, and he sure has no incentive to change anything; particularly as he will never be called to serve on Jury Duty.....

Posted 1 April 2025, 9:56 p.m. Suggest removal

ExposedU2C says...

Decades of unchecked and out-of-control crime and illegal immigration combined with failed social and economic policies have all but killed our criminal justice system by putting lives in peril, especially judges.

Posted 2 April 2025, 4:12 p.m. Suggest removal

Log in to comment