Attorneys Patrick Thompson, left and Stephen R. Daniels, right, credited for taking on 99.9% of criminal matters in High Court. Photo: Internet sources

The very small number of private criminal practitioners that opt to operate in the High Court has been identified as one the critical reasons for some of the challenges faced in the execution of trials at the High Court level in the Virgin Islands says Senior Crown Counselor Valston Graham. Photo: Facebook

This was a matter that caught the attention of the Crown as represented by Mr Valston Graham and Justice Nicole Byer who both highlighted the issue seriously as they closed the September – December 2014 assizes last Thursday December 11, 2014.

“My learned friend Ms Faulkner (Senior Crown Counsel Leslie Ann Faulkner) said that we are looking at approximately 95% of practitioners of the High Courts at my left,” said Mr Graham.

“99.9% you mean,” replied Judge Byer. “I thought she underestimated the numbers but the reality is and they ought to be commended; I am referring to my learned friends Mr [Patrick] Thompson and Mr [Stephen R.] Daniels, because they do have other commitments,” added Mr Graham.

While stating that he was not casting blame at the other very few at the bar who are not as regular as Thompson and Daniels, Mr Graham said, “There must be a reason why people choose my learned friends (Thompson and Daniels) to represent them.”

“It’s going to continue to be a challenge but it’s a challenge where the system has to continue to set priority. Our priority certainly and we tried to do that this year and hopefully we’ll try next year is to try to give priority to the persons who are in custody. Why? Because it’s not to say those who are not there are not matters of importance but we have be mindful of the fact that there are persons who are remanded and they do have a right for liberty and their trial ought to be as expedient and within a reasonable time,” said Mr Graham.

Acknowledging the seriousness of the shortage of lawyers on the criminal representation side of the court Judge Byer appealed for the younger upcoming lawyers to take up criminal trials. “So I am encouraging the younger members of the Bar, those who are still gathering their experience that this is where you get the experience that carries you through for the rest of your careers essentially ,” said Judge Byer.

“I wish to thank the private criminal [attorneys] Mr Daniels and Mr Thompson in particular who have been here. All of those other attorneys who have in the matters before this court in this period I am sending the word out and encouraging others to come and join the private criminal bar,” said Judge Byer.

She said, “I am not at all decrying the civil jurisdiction at all in any form or such but it’s certainly in the criminal bar you are constantly thinking on your feet, constantly.”