Πολλά έχουμε ακούσει τελευταίως για την καθυστέρηση απονομής της δικαιοσύνης. Οι Δικηγόροι, θεωρούν ότι μετά τις θερινές διακοπές και με την επανέναρξη των κανονικών εργασιών των δικαστηρίων, πιθανόν να απέλθει κατάρρευσης του δικαστικοί μας συστήματος. Όμως θα διαφωνήσουμε με αυτούς ότι το πρόβλημα είναι μόνο λόγω έλλειψης δικαστών και/ή άλλων δικαστικού προσωπικού. Μέρος, αν όχι το μεγαλύτερο της ευθύνης, οφείλεται και στους ιδίους με τον τρόπο που χειρίζονται τις υποθέσεις τους εκμεταλλευόμενοι την κατάσταση και νομικά παραθυράκια. Τόσον οι ίδιοι όσον και τα δικαστήρια έχουν γράψει στα παλαιότερα των υποδήματων τους τα ακόλουθα. Έχει κατά επανάληψη υποθεί ότι « justice delayed is justice denied» «καθυστέρηση στη απονομή δικαιοσύνη είναι δικαιοσύνη που δεν αποδίδεται» Υπόθεση Charalambous v. Kazanou & Another 1 C.L.R. (Civil Appeal No. 6145). Ιn Antoniou v. Elmaz (1966) 1 C.L.R., 210, at p. 213, Vassiliades, J., once more reiterated the anxiety of the Court regarding the proper prosecution of trials which includes the litigant’s right to a hearing of his case within a reasonable time by the appropriate Court as declared in Article 30 of our Constitution. For that purpose he referred with approval to what the then President of this Court, Mr. Justice Zekia said in the case of HjiNicolaou v. Gavriel & Another (1965) 1 C.L.R. p. 421, at p. 431: "Finally we desire to express once more our disapproval for the delays in the hearing of cases. In a recent judgment (Nicola v. Christofi and Another (1965) 1 C.L.R. 324 at p. 15 338) we had occasion to reiterate our previous observations deprecating the piecemeal hearing of cases and the delays in the delivery of reserved judgments. We also expressed the view that adjournments should, as far as possible, be avoided except in unusual circumstances, and that once a trial was begun, it should proceed continuously day in and day out, where possible, until its conclusion, (see also Tsiartas and Another v. Yiapana, 1962 C.L.R. p. 198 at p. 207)". He then went on and added at p. 214 the observations of the Court he was presiding by saying "a mere look at the record is sufficient to show how this trial proceeded, and how the piecemeal hearing must have affected the findings of the trial Court resting on evidence taken in such manner". In Athanassiou v. The Attorney-General of the Republic (1969) 1 C.L.R-, p. 439, what was said by Sir Jocelyn Simon P., in the case of Edwards v. Edwards [1968] 1 W.L.R. 149 at p. 150, was cited with approval at p. 455 of the report: " It is desirable that disputes within society should be brought to an end as soon as reasonably practical and should not be allowed to drag festeringly on for an indefinite period. That last principle finds expression in a maxim which English Law took over from the Roman Law: it is in the public interest that there should be some end to litigation As long ago as Magna Carta, King John was made to promise not only that justice should not be denied but also that it should not be delayed; and there have been times in our history when various Courts have come under severe criticism for their procedural delays". With regard to the undesirability of hearing of cases piecemeal pertinent observations were made by Malachtos, J., when delivering the judgment of the Court in Kafieros and Another v. Theocharous and Others (1978) 1 C.L.R. 619 at p. 645. Moreover, according to a statement of the Earl of Reading, C.J. (1920) W.N. 34, the hearing of a case will not be postponed or taken out of due order merely to suit the convenience of counsel. He was dealing with an application for the postponement of the hearing and he said that such applications caused great difficulty in arranging the lists and he did not intend in future to grant any applications for the postponement of cases for the convenience of counsel except in very special circumstances, and he added that the practice of arranging dates to suit counsel had led to great embarrassment to the Court. We have dealt at some length with the question of adjournments, of piecemeal hearings and delays in the trial and conclusion of cases and we have reviewed the cases containing judicial pronouncements on these most important aspects that go to the root of the good administration of justice. No doubt the essence of it is condensed in the old saying that has been repeated so many times that justice delayed is justice denied. We only hope that what has been said in all the aforesaid cases should not be forgotten or ignored but should be followed earnestly for the benefit of all litigants, that come to Courts seeking their aid for the protection of their legitimate rights.
Posted on: Thu, 15 Aug 2013 06:44:28 +0000
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