Complaint 5

From time to time, Council receives complaints about the amount of time it takes a judge to make a decision or give reasons for their decision.

In this case, the judge took nine months to give his judgement. The complaint was that the delay was unreasonable and that it undermined confidence and trust in the judicial process. According to the complaint, the delay could be an indication that the judge had difficulty remembering the facts of the case.

In his response to this complaint, the judge explained that this was a very difficult case with a high volume of documents submitted as evidence. One particular issue of the case required some ongoing analysis.

The judge noted that it is important to release decisions early whenever possible, but that some cases need more time to ensure that the decision is as correct and fair as possible. The judge's Chief Justice also commented this case, saying that this was one of the hardest working judges in the Court and that this particular case with an exception to his usual punctual decisions.

In reviewing the case, Council noted that Ethical Principles for Judges say that judgments should ideally be delivered within six months, but that some matters are more complex and may require more time to resolve.

After looking at all the aspects of the case, this was found to be such an exceptional complex matter. The fact that this long delay was unusual for this judge, and that there was a large volume of evidence, supported the judge's view. A full explanation was provided to the complainant and the file was closed. // NEXT