CHAIRMAN of the Legal Aid and Advisory Authority, Senior Counsel Gilbert Peterson says the Public Defenders’ Department has proven its worth in the last three years and now wants the department, which started off as a pilot project, to have the legislative support to become permanent.
The Legal Aid and Advisory Authority is the supervisory authority for both the Legal Aid Department and the Public Defender’s Department.
Legal Aid assists people in need for all court matters, including civil, matrimonial, and family matters.
The Public Defender’s Department is restricted to representing accused in serious criminal matters before the High Court and Appeal Court. Where that department is unable to represent the accused, Legal Aid can retain an attorney on their behalf.
[caption id="attachment_1009983" align="alignnone" width="966"] Chairman of the Legal Aid and Advisory Authority Gilbert Peterson. -[/caption]
The Public Defenders’ Department was introduced by former attorney general Faris Al-Rawi on March 2, 2020. The reason behind it was to assist in clearing the backlog of criminal cases. To date, the department led by Chief Public Defender Hasine Shaikh has completed 58 plea-bargaining cases and 16 trials, with three more ongoing.
Peterson said the Public Defender’s Department was a concept that spent years in gestation before becoming reality three years ago. He said since then the office has earned its keep and wants to see it cemented legislatively within the criminal justice system.
“I would like to see the legislation be put in place to make it a permanent department now that it has been a pilot project. I think it has justified its mandate. It has been performing well so I think it has justified its existence.”
To support his proposal for the Public Defenders’ Department to become permanent, Peterson said when a proper analysis, it is obvious that there is value for money.
“I think when you do the value for money assessment and balancing exercise, they realise that it's justified, based on the money spent in the time it exists and based on the performance. It is a successful pilot project, if I could use that term. It has earned its keep, good value for money.”
“I am very proud of that department, I’m proud of the whole Legal Aid and Advisory Authority but that department I am very, very proud of it.”
Sunday Newsday also spoke with Shaikh who measured the office’s success not by the number of cases won, but by its ability to properly defend its clients.
[caption id="attachment_1009984" align="alignnone" width="698"] Chief Public Defender Hasine Shaikh at the Public Defenders' Department on Stanmore Avenue, Port of Spain on April 6. - AYANNA KINSALE[/caption]
"Our job is not to get anyone off. That has never been the case and it certainly is not what we practise. Our job is to afford the client a possible defence to ensure that they are given justice before the court."
The office, she said, was constrained at the start of the pandemic when courts were closed and when they were reo
