Attorneys claim judgments outstanding for up to 12 years

SEVERAL ATTORNEYS have cited cases in which judgments have been outstanding for between five and 12 years, but are reluctant to give details out of fear that doing so would adversely affect their clients.

“I have two cases from 2006 and 2010 when judgments were reserved,” a senior attorney told The Gleaner.

The attorney said the judge who presided over the 2010 case was not given an extension by Governor General Sir Patrick Allen to continue serving upon retirement.

“Therefore, as a result of the [former] Eagle [financial network] case, any judgment he gives now is dead,” the attorney added, making reference to a landmark ruling handed down by the Court of Appeal last month.

To make matters worse, the attorney said a retrial would be pointless, as most of the witnesses in the case have now aged. “So the only [thing now] is to try and compromise and cut you losses,” the attorney reasoned.

Among the cases still awaiting a decision is the legal challenge brought by the Jamaica Defence Force against an attempt by the Independent Commission of Investigations (INDECOM) to search its Up Park Camp headquarters.

INDECOM is probing the army’s use of mortars during the May 2010 police-military operations in west Kingston and has obtained a warrant to search JDF headquarters, but there has been no decision from the court since a panel of three judges reserved their decision on April 12, 2016.