Law body sends SOS to stop Senate debate on proposed laws

The Law Association has made an urgent appeal to the Attorney General seeking to stop any debate on proposed legislation which seeks to give the Chief Justice added powers and significantly alter the Evidence Act.

Debate on the Miscellaneous Provisions (Administration of Justice) Bill, 2020 is among a suite of proposed legislation scheduled for debate in the Senate on Thursday at 2.30 pm.

Newsday understands that judges and other key stakeholders in the criminal justice system have raised serious concerns about a proposal which gives the Chief Justice the authority to direct a judge to hold a virtual trial.

One senior lawyer, who spoke on the condition of anonymity, said this seemed to be tantamount to an erosion of the independence of the judiciary and a judge to have full conduct of the trial.

A previous practice direction imposed by the Chief Justice in the face of the covid19 pandemic to prevent in-person hearings at the Hall of Justice and other courts has since been challenged, and a ruling is expected soon.

Secretary of the Law Association Shankar Bidaisee wrote to the AG at 6.36 am on Thursday saying the association "is of the considered view that these bills have far-reaching implication for the administration of justice and the practice of law."

The association has asked for "an immediate suspension of any debate" on the proposed legislation for at least seven days to give its membership an adequate opportunity to give its views.

On proposed changes of the Evidence Act, the association submitted its recommendations in January, but some members said tey were ignored.

Attorney General Faris Al-Rawi has not yet responded to a WhatsApp message seeking comment on the association's request.