By Sean Douglas Saturday, September 19 2009

Opposition Leader Basdeo Panday yesterday hit the Government for tinkering with the present Constitution to intrude onto the Judiciary, but said he wanted a wholesale change to the laws to better establish a separation of powers than now exists.

“I’ve been arguing for constitutional reform. There is no separation of powers in Trinidad and Tobago. The Executive controls the Legislature, and the Judiciary depends on the Executive for their sustenance and in the appointment of judges. This leaves much to be wanting,” Panday said.

Panday supported Chief Justice Ivor Archie’s condemnation on Wednesday of the proposed Ministry of Justice.

“There is no need for a Ministry of Justice. It’s an attempt to interfere with the Judiciary. The Executive would have a direct link with the Judiciary who would be dependent on them for their existence and sustenance.”

Panday also supported Archie’s lament over the cuts in the Judiciary’s allocation. “I think the Chief Justice is absolutely right. The question is not how much you spend, but it’s about creating an order of priority. If the Government had done that, they wouldn’t now have to cut the Judiciary’s allocation. You can’t cut 15 percent off everybody after you have been splurging away the money”.

The Association of Trinidad and Tobago Insurance Companies (ATTIC) also strongly hit the Government’s drastic cut in funding to the Judiciary to $42.5 million out of the $393 million requested for the development programme.

In a statement yesterday, ATTIC said they were deeply concerned over the drastic cut in funds to the Judiciary.

“With crime out of control and citizens at the mercy of criminals, it is essential that all parties involved in maintaining law and order receive the funding they need in order to effectively carry out their duties.

“Despite the Chief Justice’s brave comment that, ‘We will do the best we can’, ATTIC believes that an ill-funded Judiciary cannot function effectively in the face of our current crime epidemic.” ATTIC said the renovations to magistrates courts are long overdue and desperately needed.

“By restricting refurbishment, hearings will continue to be postponed because of uncomfortable surroundings. While these may not be the only reasons for postponements, they do contribute to the backlog of cases.” ATTIC said the backlogs act as a deterrent for many claimants, including insurance companies, who are reluctant to take legitimate actions to court because of the protracted time and expense.