SVG needs formal legal aid system – Bar President

While the State only provides legal aid to persons facing charges of murder and attempted murder, help may be on the way for persons facing less serious charges.{{more}}

During the arraignment of prisoners at the opening of the 2015 Criminal Assizes at the High Court last week, presiding judge Kathy-Ann Latchoo raised the issue, when an accused man, charged with robbery and wounding, disclosed that he could not read properly, nor did he have the money to hire an attorney.

Some of the lawyers at the bar table then volunteered to offer assistance in that matter and other matters that came up for hearing.

In an interview with SEARCHLIGHT, president of the Bar Association René Baptiste says there is no formal legal aid system in St Vincent and the Grenadines (SVG)

However, Baptiste said the Office of the Attorney General allocates a sum of money to pay lawyers to defend persons charged with murder and attempted murder.

“There are about eight or 10 lawyers whose names are shortlisted, who normally would agree to defend the accused before the bar, for a sum of up to about EC$10,000,” Baptiste said, adding that that particular fund is often exhausted.

According to Baptiste, the Bar Association does not have large sums of money to assist, adding that the annual membership fee is “very small”.

“There are other cases, where, for example, as she (judge) indicated, you have accused who cannot read. It is a difficulty for them to defend themselves. Also there are other accused, where the sum of money has been exhausted, that need similar support.

“That is barely enough to even carry a secretariat. We can’t … go for a grant to apply for legal aid, unless that is a somehow, say, for example, a project from some international organization that would have set aside funds that we can access to do a project on legal aid and that would be for a specified period of time,” she said.

Through her own limited investigations and knowledge, Baptiste said there is no such project with availability of legal aid.

However, Baptiste said the Bar Association will hold their pro bono day sometime in November, which is a day when legal work is undertaken voluntarily and without payment, or at a reduced fee as a public service.

“They bring their files. We give them legal advice and it is up to the individual lawyers to say they will take the case and go through with it. As you will see, the number of lawyers at the criminal bar is few. There are not that many people in criminal practice..,” she said.

The president says she is looking at a way where they can offer some assistance and admitted that they have some work to do with the State.

Baptiste said she has put together a memo for discussion on the matter with the Attorney General and the Minister of Legal Affairs on how they can move forward.

“We need to have something on a much more solid basis and not just rising as a friend of the court. We need to look at it in a serious way. As an executive, we need to have a stronger presence and a stronger lobby,” she added.

At the opening of the assizes, Baptiste said members have to bear in mind that an association cannot be run without subscriptions.

“If we were paying a subscription of at least $750 for those who have more than 15 years, $500 for those between 10 and 15 years and $250 for those under five years, you would have a good source of funds because we would have put aside the money for the older members of the bar that will be used for public education and legal aid,” she said.

Additionally, she said there are a few countries in the OECS that have legislation governing legal aid.(KW)