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2015 Opening Speech of the Courts of Vanuatu
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2015 SPEECH
OFFICIAL OPENING OF THE
COURTS
OF VANUATU
THE HONOURABLE CHIEF JUSTICE
LUNABEK
- His Excellency Baldwin Lonsdale, President of the Republic
of Vanuatu
- Right Hon. Joe Natuman, Prime Minister of the Republic of
Vanuatu and Mrs Natuman
- Hon. Philip Boedoro, Speaker of Parliament
- Hon. Judges of the Supreme Court of Vanuatu and Spouses
- Magistrates of the Republic of Vanuatu and Spouses
- Hon. Alfred Carlot, Minister of Justice and Community
Services and Mrs Carlot
- Hon. Ministers of the Government
- Hon. Moana Carcasses Kalosil, Leader of the Opposition
- Hon. Members of Parliament
- Excellencies Members of the Diplomatic Corps
- Attorney General
- Ombudsman
- Public Prosecutor
- Public Solicitor
- Director Generals and Directors of Government Departments
- Commissioner of the Police
- President of the National Council of Chiefs
- President of Vanuatu Law Society
- Members of the Legal Profession
- Members of the Law Faculty
- Registrar of the Supreme Court, Court officers and Staff
- Representative of Women
- Representative of the Press/Media
- Representative of the Churches
- Ladies and Gentlemen, Big Men and Women, Pikinini mo People
blong Vanuatu
Good Morning.
I bring Greetings from the Judges, Magistrates, Island Court Justices
and courts support staff of the Judiciary of the Republic of Vanuatu.
Happy new year to all of you. It is my privilege and pleasure to
address you on this special occasion of the opening of the Courts'
session for the year 2015.
2015 is a new legal year. As always we need to ponder and look back to
the good things, the bad things, the challenges and the trying times
Vanuatu and its people have gone through in the past legal years. We
must then reflect back on the achievements, values, strengths and
weaknesses. We must learn from our mistakes and weaknesses and set new
directions for the future. Again, I do this by reminding us as I did
during the past legal years about the direction set for the Judiciary
in its vision, policy statement and judicial reform missions. I believe
the needs of the judiciary for reform and consolidation as an
institution must be undertaken as part of a national reform effort with
the scope of enhancing its independence and core functions to enable
the Judiciary become a modem judiciary with this vision:
"VISION OF THE
ADMINISTRATION OF JUSTICE
A Judiciary that is
independent, effective and efficient, and worthy of public trust and
confidence, and a legal profession that provides quality ethical,
accessible and cost-effective legal service to our people and is
willing and able to answer the call to public service.
Elaborating on this
vision is the policy statement of this vision, which enunciates the
following:
POLICY
STATEMENT
The
Judiciary, as the constitutional designated arbiter of all legal
disputes in our democratic system of government, must, at all times,
maintain its independence and remain immune from undue influence, not
at the cost, however, of sacrificing comity with the co-equal branches
of the Government. It is essential that the Judiciary and the members
of the legal profession, as officers of the Court, be of utmost
competence and unassailable integrity.
As
the Judiciary is meant to serve the people through the dispensation of
justice, the Bench must be fully accountable to the public by remaining
transparent, yet not betray those aspects of the judiciary process,
which require utmost confidentiality. Members of the Judiciary and
court personnel must unerringly adhere to the constitutional precept
that public office is a public trust. Dishonesty, incompetence,
inefficiency and any form of unbecoming conduct are impermissible and
will not be tolerated in the Judiciary or in the legal profession.
The
system of administration of justice must be geared to achieve the goal
of delivering fair, impartial and swift justice. Hence, the core values
of the rule of law, equal justice, judicial independence and the
pursuit of excellence should be preserved and at all times be
predominant."
In a society like the Republic of Vanuatu, which is committed to the
rule of law, and organized as a constitutional parliamentary democracy,
the role of the judiciary is crucially fundamental in upholding and
enforcing the Constitution, resolving disputes between citizens, or
between departments of governments, or between citizens and
governments, in respect to their rights and obligations and to
administer criminal justice.
It is important to remind ourselves of the above mentioned fundamental
principles and to understand and appreciate their raison d'etre.
Developments in the other part of the world and most notably the
pacific region show that all years of conscientious and hard work to
build up public trust and confidence in the Judiciary can be destroyed
in less than a day. It is very fragile.
It is therefore, the responsibility of the government, parliament,
judiciary, men, women, all citizens of this country to respect and
uphold the core values of the rule of law, equal justice, and judicial
independence.
After more than 30 years of independence, Vanuatu has come a long way
in its economic, social and political development. Along with all these
developments, Judiciary of Vanuatu, since 2006 has embarked on a reform
program. In 2011, the Judiciary placed itself under intense scrutiny
from an independent assessor. As a result, a diagnostic report was
produced and a strategic plan was devised. We still continue in this
process.
The current steps being under taken by the Judiciary are in terms of
case management. There has been an assessment of actual case file in
the Supreme Court. There has been a testing of the integrity of the
data collected by the Supreme Court and there has been improvements of
basic micro soft excel files to make the data information on these
files becoming useful case management tools for the daily management of
cases by the judges.
In the central registry of the Supreme Court in Port Vila, there are no
files sleeping because after reorganization a case file is randomly
allocated to a Judge’s docket as soon as it is filed and a date for
first conference is issued. Case management in the Supreme Court is now
where it should be – With the Judges. The excel file containing all the
cases on a particular Judge’s docket is available, in a confidential
way, to the judge and to the judge’s secretary. So that the judge knows
7
exactly the status of each of their case daily. The case management
process in the Supreme Court will continue. Assistance was needed and
will be required.
COURT ACTIVITIES 2014 AND
WAY FORWARD
Key Messages –
for the Supreme Court
-
I am pleased to say that we have been able reflect and and analyse our
case management registers (spreadsheets) for 2014, and are now
able to draw some key conclusions for 2014 and develop our priorities
for 2015.
- Our overall clearance rate of 90% (always endeavouring
to achieve 100% or greater), when taking into
consideration judicial impacts from some extended
leave, transitioning into new roles and locations, we feel it
was a reasonable year from a case disposal perspective.
-
We have been able to deliver some old reserved judgments, but recognise
that there is still more work needed during 2015 to ensure there no
unacceptable delays in delivering judgments, and it is one of our highest priorities.
- The shift of Justice Saksak from Santo back to Port Vila, while
assisting greatly with work here in Vila, has meant that
the usual disposal rate of cases in Santo has dropped. It is
one of our highest priorities in 2015 to turn this situation around by
the collective group of judges, and to make greater use of video
conferencing facilities (to deal with preliminary and
urgent matters) which are we pursuing with OGCIO and SRBJ.
-
Through our detailed analysis of the stages where
current cases are up to, and the weekly lists, it will come as
no surprise that we are spending too much time 'conferencing',
particularly with Civil cases. This has a direct impact on cost and
inconvenience to parties. Internationally, it is known as the
Attendance rate – that is – how many times do we come to court have the
matter resolved. With the help of SRBJ, we will be analysing the
causes of adjournments etc., and working with you – the profession, aim
to reduce the conference #s to a more manageable level, and thus
improve the delivery of cases in a timely manner.
- I am extremely hopeful that our judicial numbers will be bolstered in
2015, and the early part of 2015, with another judge provided
by the Commonwealth Secretariat, and the appointment of a Master.
- In summary, we have some key priorities for the coming year, namely
reserved judgments, Santo cases and our conferencing situation, but
with the support and engagement of the profession, and additional
resources, I and my fellow judges of the Supreme Court are
confident that we can achieve much this year.
Key Messages –
for the Magistrates Court
-
Similar analysis has also been carried out for the Magistrates Court as
we have done for the Supreme Court, and I am pleased to say that it has
been a very good year for the Court, particularly in light of the
sudden death of Senior Magistrate Wilson, and the retirement of Senior
Magistrate Naviti.
- It is a credit to all within the Magistrates Court that despite
these
impacts, that while the volume of work was increasing, the
volume of disposals increased at even a great rate, and they have
achieved a clearance rate of just over 100%. This is a significant
improvement from previous years, and augurs well for
2015.
- We now have established permanent presence in Tanna, and with two
magistrates now resident in Santo, and with Magistrate Pollen in
Malekulah, we are very confident that the delivery of service to those
away from Port Vila will not be any less than here.
- This not to say that there are not going be challenges for 2015, and
with the Chief Magistrate, we will be looking closely at a number of
aspects, including a tranche of cases that currently have no future
listings, which we all know is not good case management.
Additionally, in support and conjunction with the priorities in dealing
with gender based violence, we will be ensuring our magistrates are well
prepared and aware of the options available in dealing with such cases.
- In summary, the Chief Magistrate and I have some key priorities for the
coming year, and following on from such an excellent year in 2014, we
are confident of the continuing contribution that the Magistrates
Court, as the Peoples Court, makes to the overall justice
sector/community.
Supreme Court
-
Overall registrations (National)
710 – up from 691
the previous year - a small increase of 2.7%
– Vila – 571 and Santo – 120 (remaining from other locations)
– Civil – 44% (includes Company &
excludes Probate, Judicial Review etc.)
– Criminal – 28% (excludes Bail applications and Criminal
Appeals)
-
Overall completions 637 –
down from 741 – a decrease of 14%
– Vila – 605, and Santo – 25 (remaining from
other locations)
• And Santo disposals significantly down on 2013
-
Average age
of cases disposed:
– Civil – 691 days (was 527 days)
– Criminal – 250 days (was 183 days)
– Overall – 473 days (was 390 days)
- Clearance
rate (Completions/Registrations) – 90% - down from 107% the
previous year
- Pending
– total cases pending – 915 (up
from 815 at end December 2013)
– Civil 69%
– Criminal 12%
– 35% of cases 35% – from 2012 or
older
• LAST YEAR - 34% of cases – from 2011or older
– PDR – Pending to Disposal Ratio – 1.4, and target is 1 – or
approximately 640 cases in total (which equates to approximately 270
additional cases equates to dispose =
approximately 2 judges)
• LAST YEAR – 1.2 PDR
– Civil PDR = 1.9 – highlights
where focus for delay reduction program needs to focus
– Criminal PDR = .8
Observations
-
A clearance rate of 90% given the removal of the permanent judge from
Santo (thus affecting disposals in Santo),
coupled by the absence of
one Judge in Vila for an extended period, plus the transition of the New
Zealand
judicial support is a reasonable result across the year
- While the PDR has grown (in line with an increased number of pending
cases, and slightly reduced disposal rate), the extent of unacceptable
backlog is around 260 cases which is the
equivalent of two judges' yearly disposals
– Assistance from overseas, and the appointment of a Master
should be a matter of urgency
for the Court
- Reserved Judgments, and the age of some, still remains a concern, and
while there have been a number of
old judgements
handed down during 2014, approximately 50 remain open, and at least
half of these are
more than 1 year old, and at least
20 are greater than 2 years old
-
The age of disposed cases (e.g. from filing to disposal) has grown,
but this is often the case
when a court is addressing old cases and should not be seen as a
negative
- While Attendance Rate (that is – the number of times parties
appear before the court to have their matter resolved)
is not specifically known, it
can be seen from the high % of
civil cases in the Conference
Stage – that attention
and analysis needs to undertaken to understand why so many cases have
multiple Conference listings
Magistrates Court
- Overall registrations (National)
2258 – up from
2089 the previous year – an increase of 9.5%
– PV/Tanna – 1467 – slightly down on 2013
(PV –
1359, Tanna – 108)
– Santo – 577 – substantially up on 2013
– Malekula – 234 – substantially up on
2013
- Overall completions (National)
2272 – up from 1766 – an increase of 29%
– PV/Tanna – 1646 – substantially up on 2013 (PV
– 1485, Tanna –
161)
– Santo – 433 – substantially up on 2013
– Malekula – 193 – substantially up on
2013
- Clearance
rate (Completions/Registrations) – 101% -
substantially up from 84% the previous year
- Average age
of cases disposed (Vila only):
– Civil – 528 days
– Criminal – 331 days
– Overall – 236 days
- Pending –
total cases pending (National) – 1306
– Civil – 448 cases - 34%
– Criminal including – 639 – 49%
– Domestic Violence – 152 cases –
12%
– 30% of cases – from 2012 or
older
– PDR – Pending to Disposal Ratio – .6, and target is .5 – or
approximately 1150 cases in total (which equates to approximately 150
additional cases to dispose = approximately .5
Magistrate)
Observations
-
A very good year – with an overall clearance rate of just
over 100%, which is almost 20% improvement from last year
- While some individual dockets for Magistrates need detailed analysis
for why there are so many cases with 'No Future Listing', the overall
volume of pending is very
close to what would be expected for the Court
- Similar to the Supreme Court, it would be advantageous to better
understand the Attendance Rate of cases,
and what might be causing so many adjournments etc.
2014 SC Criminal Case
Analysis - Sex cases
| Case
Type |
TOTAL |
Finalised
Cases |
| Civil |
326 |
51% |
| Other |
174 |
27% |
| Criminal |
137 |
22% |
| Other cases |
79 |
58% |
| Drug cases |
10 |
7% |
| Sex cases |
48 |
35% |
| Dismissed/acquitted |
16 |
33% |
| Nolle |
4 |
8% |
| Guilty |
28 |
58% |
| Imprisonment |
18 |
64% |
| Community Work |
3 |
11% |
| Suspended Sentence |
5 |
18% |
| Other |
2 |
7% |
2014 SC Criminal Case
Analysis - Drug cases
| Case
Type |
TOTAL |
Finalised
Cases |
| Civil |
326
|
51%
|
| Other |
174
|
27%
|
| Criminal |
137
|
22%
|
| Other cases |
79
|
58%
|
| Drug cases |
10 |
7%
|
| Sex cases |
48
|
35%
|
| Dismissed/acquitted |
2 |
20%
|
| Nolle |
0 |
0%
|
| Guilty |
8
|
80%
|
| Imprisonment |
0 |
0% |
| Community Work |
4 |
50% |
| Suspended Sentence |
4 |
50% |
| Other |
0 |
0% |
2014 MC (Port Vila)
Criminal Case Analysis - Domestic Violence
| Case
Type |
TOTAL |
Finalised
Cases |
| Protection Orders |
544 |
37% |
| Other |
201 |
14% |
| PI |
190 |
13% |
| Criminal |
550 |
37% |
| Other cases |
524 |
95% |
| DV cases |
26 |
5% |
| Withdrawn (want of
prosecution) |
16 |
62% |
| Dismissed/transferred |
6 |
23% |
| Guilty |
4 |
15% |
| Imprisonment |
0 |
0% |
| Community Work |
0 |
0% |
| Suspended Sentence |
0 |
0% |
| Fine |
4 |
100% |
2014 MC (Port Vila)
Criminal Case Analysis - PI (Preliminary
Inquiry) cases
| Case
Type |
TOTAL |
Finalised
Cases |
| Protection Orders |
544 |
37% |
| Other |
201 |
14% |
| PI |
190 |
13% |
| Criminal |
550 |
37% |
| Other cases |
135 |
71% |
| Sex cases |
55 |
29% |
| Withdrawn (want of
prosecution) |
8 |
15% |
| Dismissed/transferred |
6 |
11% |
| Guilty |
41 |
75% |
Summary of the analysis
for sex and drug cases
• SC – Sex cases
– Overall timelines of disposals of approximately
170 days is excellent by any international
standard
– Close to 60% of the 48 cases were found guilty, and of those
– imprisonment orders were made in 2/3rds of these matters.
• SC – Drug cases
– It is early days for this jurisdiction,
and with only 10 cases disposed during 2014, it is too early to try and
draw too many conclusions
• MC – DV cases (excludes
Protection Orders)
– A surprising low number of DV matters are presented
at court, only 5% of the criminal caseload, and
disappointingly, of the 26 cases – over 60% were withdrawn for want of
prosecution.
– And of those eventually found guilty (4) –
fines were imposed fines in all cases
• MC – sex cases
proceeding as PI cases
– Close to 30% of all PI matters are of a sex-based offence, and the
majority of these were committed to the Supreme Court
– The timeliness of these cases, similar to sex cases in the Supreme
Court
have been disposed in a very timely manner (average days less
than 2
months – at 52 days)
Summary of Island Court
| Nature of Case |
Total Registered |
Total Complete |
Total Pending |
| Civil |
371 |
201 |
170 |
| Criminal |
270 |
270 |
0 |
| Land Case |
69 |
19 |
50 |
THE STATUS QUO
The current work being undertaken with court records and file
management is of the most basic level of the re-organisation required
in the Supreme Court Registry. It is akin to rebuilding a house and
starting again with the foundations. It is essential as it will provide
more accurate assessment of the work and more efficient keeping of the
files but it will not necessarily affect significantly the flow of work
or its quality. That still depends on judges hearing cases and deciding
them. The record keeping and the file management is of fundamental
importance but it is just beginning of what is required to ensure that
the Supreme Court is able to deal with its responsibilities in a
timely, effective and judicious way.
As part of this process, now that there is no residing judge in
Luganville Santo, we must increase the number of Santo Court visits and
we will use technology by means of video conferencing to manage Santo
cases and especially criminal cases.
There is a need to reorganize the registry system of the Supreme Court
to gain efficiency and cost effectiveness. There will be one central
registry office of the Supreme Court in Port Vila. There will be
19
one central random allocation of cases to judges. This will mean a
central numbering system.
The court management system (CMS) is in good progress. I hope we will
implement it this year 2015.
The following are Projects Areas for the Judiciary for consideration
and support:
- The new court house (The Hall of Justice Project)
- Repair and renovation of court buildings and offices:
(Magistrate court – Port Vila, Tanna, Tongoa, Sola Banks)
- Urgent need for new court rooms in Port Vila to match with the
increase number of judges of the Supreme Court
- A review of the support services for the Judiciary
- A review of the management structure of the courts of Vanuatu
- A review and consolidation of the Practice Notes
- The review of the Civil Procedure Rules
- The support of the Law Society
Any one of the those projects will require substantial judicial
involvement and oversight to ensure that the outcome is what is
required for a modern judiciary. Franckly, it is beyond the ability for
either me as CJ or any other judges with a full workload to attend to
without risking overload and creating undue stress.
What is required is that the office of the Chief Justice must be
strengthened and supported with assistance by someone who takes
responsibility of these projects for the Chief Justice leaving the
Chief Justice to attend to his general CJ duties.
Such assistance could best be provided by a person with significant
judicial experience and has an in-depth knowledge of and experience of
the Vanuatu justice system as well as life in Vanuatu, someone who has
the respect of the agencies and individuals with whom he or she would
have to work, an ability to get various agencies and individuals to
work together towards settling the design, implementation and
completion of these projects, and someone who the Chief Justice can
trust to do this.
I consider that what is required is a judge with those certain
qualities who can devote himself or herself primarily to these projects
apart from hearing cases in order to deal with the current busy
workload in the Supreme Court of Vanuatu.
Again in 2014, the process of recruitment and appointment of a
qualified and experienced Master of the Supreme Court will be finalized
to assist with the workload of the Supreme Court.
A Magistrate will be recruited in 2015 to replace late Magistrate
Nesbeth Wilson in the Magistrate Courts.
It is to be noted that the details of activities undertaken in 2014
will be provided in the Judiciary Annual report towards the end of
March 2015.
His Excellency the President, Distinguished guests, ladies and
gentlemen and people of Vanuatu, it is now my honor to declare the
Courts Sessions for 2015 officially open.
Thank you for your kind attention.
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