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by pltm
The BVI government is being urged to implement a fully functioning legal aid scheme, where it will foot all the bills for persons who cannot afford a lawyer to represent them in court.
During the opening of the 2016/2017 Law Year today, September 20 at the High Court in Road Town, Paul Dennis, QC said that this ought to be done with some level of urgency.
The theme for this year's Law Year is "The ECSC: The movement toward an accessible court."
Dennis, QC, said that when the legal aid initiative first came up some twenty years ago, it was merely to give government a nudge to move in the direction of implementing a scheme.
(PLTM) - "For too long the legal aid system which exists in the BVI has relied predominantly on the charity of the legal profession...A Memorandum of Understanding was entered between the legal profession in the BVI (Bar Association) and the government. It's practically now two decades in existence," he said.
"When it was put into effect through the initiative of the bar, it was not meant to be the be all, and end all of legal aid in the territory. It was meant to be a start to nudge the powers that be in a direction which will allow them to recognize the necessity for it and ...government to fully support the legal aid programme."
Dennis, QC however, said the government is not stepping up to the plate. He said that persons should not only be allowed access to legal aid in serious cases.
"Unfortunately 20 years later not much has changed, and save for the most serious criminal offences, and some aspects of the family matters, particularly those concerned with domestic abuse, legal aid in the territory is unavailable, non existence. I believe the time has come and long gone for there to be a comprehensive legal aid scheme fully funded by government," he urged.
"I will take this opportunity since I have the ear of the Premier ( Hon. Dr. Orlando Smith) and the Governor ( John Duncan), to make it priority so that legal aid will be available to every citizen who requires access to justice not just in a few criminal matter, but who because of their circumstances financially and otherwise are unable to afford it. I believe this a matter that requires to be dealt with as urgent priority."
He lamented that it is the responsibility of every modern civil society, and civilized government to ensure that its citizens have equal access to justice.
The feature address was delivered by Chief Justice, Her Ladyship Hon. Dame Janice M. Pereira, DBE, via simulcast from St. Lucia, where she too spoke extensively on access to justice. The Chief Justice also expressed concerns over the governments in the territories and states not providing adequate resources to the courts.
She indicated that it is not something that the courts should be begging for, but it should be readily available.
At the High Court in Road Town, other speakers included the new Director of Public Prosecutions, Kim Hollis, QC; Senior Magistrate Tamia Richards; Mr Gerard Farara, QC; Mr Michael Fay, QC; and Ms Jude Hanley, First Vice President of the BVI Bar Association, among others.
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