Attorneys, prisoners 'fed up' with disorganised virtual court

CRIMINAL defence attorneys and state prosecutors are again complaining about the disorganisation of the virtual court process.

Several attorneys, both defence and the prosecution contacted Newsday to say they are now fed up.

They say they receive links to court hearings late, sometimes minutes before the matter is listed to start, which draws the ire of the sitting judge or magistrate. They also receive e-mails without links, or for the wrong matters.

“I am very upset at how the Judiciary is treating with virtual court,” one attorney told Newsday, adding that there are occasions that neither they nor their clients are contacted about a hearing.

“Honestly, from top to bottom, it is a real failure,” the attorney told Newsday. He related an experience of getting a link to a sitting of the criminal masters’ court – and not the magistrate before whom his client was expected to appear.

Attorneys have also complained of the length of time it takes for matters to be heard.

“I had a matter which didn’t get called until about 4 pm. I wasted the entire day just for one case,” another attorney said.

Last month, the Assembly of Southern Lawyers wrote to the Chief Justice asking the Judiciary to review the virtual hearing system at district courts, complaining that litigants and lawyers have had to wait for hours for their matters to be called.

The assembly’s president Michael Rooplal said the situation has had a negative effect on efficiency and productivity. He suggested a system similar to that in the civil courts, to let parties set times for their hearings.

Prisoners have also complained about the lack of access to the courts and problems they encounter with being unable to follow their matters from the virtual court facilities set up at the prison, or to speak with their attorneys privately.

Agroup of prisoners said in a statement last month, "The simple fact is that the Judiciary is depriving us of our inalienable right to be free men and our due process in law to either clear our names or be sentenced to a fixed period of incarceration in a court of law.”

On Friday, the attorneys who spoke with Newsday also complained that despite their calls and e-mails for links to hearings, they receive no response.

“This has been happening for months.”

State prosecutors say they have also encountered the same issues, upsetting their defence colleagues.

Since March, the courts have operated virtually because of the covid19 pandemic and restrictions. Covid19 rules for the court have banned in-person hearings and court users have been urged to avoid coming to courthouses by using the various electronic platforms provided by the Judiciary.

There has been discontent among some judges over the ban and the Director of Public Prosecutions made it clear in July that his offices will not be used as a courthouse to accommodate witnesses.

Earlier this month, the Law Association (LATT) said it too was concerned about the limited access to courts.

There is no doubt, it said, that "the present conduct of judicial business has an impact upon the administration of justice whereby physical access to the courts has been substantially affected.

“LATT underscores that the present level of access to the court’s services is cause for concern and shall be considering its next step as to the way forward.”

Earlier this week, one attorney described virtual trials as being like “sucking a dinner mint with the wrapper still on.”