Law Association seeks DPP's views on ban on in-person hearings, jury trials

DPP Roger Gaspard
DPP Roger Gaspard

THE LAW Association (LATT) has written to Director of Public Prosecutions (DPP) Roger Gaspard, SC, asking for his views on virtual hearings.

The association is seeking the DPP's advice on the covid19 emergency practice directions issued by the Chief Justice, which took effect on December 1.

The practice directions put a restriction on in-person hearings except in special circumstances for the rest of the year. They also suspended all jury trials until December 31.

In its letter to Gaspard, the association said it noted concerns raised by members over the “challenges posed by virtual hearings concerning the trial process.

“As a result of such problems, the LATT proposes to seek feedback on your experience with trials held electronically.”

Gaspard told Newsday he had a meeting with LATT on Friday where the issue was raised, but he was yet to respond in writing.

In October, the association said the present level of access to the courts was a cause for concern, and reached out to Chief Medical Officer (CMO) Dr Roshan Parasram for guidelines on the feasibility of restarting jury trials and in-person hearings.

A murder accused also threatened legal action over the ban, while a legal challenge has been mounted to the court’s authority to hear a corruption trial electronically because, at the time, it was pointed out that certain amendments to the Evidence Act had not been passed in Parliament and proclaimed. The ruling on the challenge has been adjourned.

Two judges also spoke out about the ban and there have been calls for jury trials to resume with proper protocols in place.

Chief Justice Ivor Archie, in his speech at the opening of the law term, said the Judiciary’s protocols were based on the latest science and Ministry of Health guidelines and legislation.

“Whenever it is necessary to consult with the CMO we do not require an intermediary for that purpose. I must make the point here that everything we do in the judiciary is data-driven and based on research and the best available scientific knowledge,” he said.

Last Thursday, hours before the Senate debated the Miscellaneous Provisions (Administration of Justice) Bill 2020, the association wrote to the Attorney General asking him to suspend debate on the suite of proposed amendments for seven days so that it could prepare and send comments.

The association told AG Faris Al-Rawi it was “of the considered view that these bills have far-reaching implication for the administration of justice and the practice of law."

The amendments, which were passed in the Senate later that night, gave the CJ the power to issue directions for civil and criminal trials by audio and video link.

Al-Rawi, in responding to the call by the association for the suspension of the debate, told the Senate the bill was first laid in April 2019, went before a special committee and involved a year of work and consultations, but the association refused to turn up.

He also said the proposed changes were not a covid19 measure. “We are not 'coviding' this,” he said, revealing that “we are a month away from opening jury courts at COSTAATT so all in-person and jury trials can resume.”

The issue of jury trials was raised on Thursday when three separate murder cases came up for hearing before Justice Hayden St Clair-Douglas. In one of them, attorney Russell Warner, who appears with Senior Counsel Pamela Elder, told the judge while both the defence and prosecution were ready to proceed, Elder was involved in another matter before another judge.

That trial has been in abeyance since March, when the courts were shut down because of covid19. One of the accused threatened legal action over the court rules which suspended jury trials.

Warner said in the trial before St Clair-Douglas, the accused will be proceeding with a judge and jury trial, but they had no word on whether the other trial will continue when restrictions to jury trials are lifted.

Prosecutor Indira Chinebas said it was just to set a date for when the trial could start.

In one of the other cases, defence attorney Mario Merritt, who is also involved in the part-heard murder trial, said the trial was paused and it is not certain where the matter was going.

“It is still in the air if it will be aborted because of the length of time it has been in abeyance,” he proffered to the judge.

St Clair-Douglas said he did not anticipate things changing early in January for a resumption of jury trials.

“Thinking about it in practical terms…To get a jury in a courthouse, we’re not talking about January. The earliest we’re taking about is February and we will have to assess things in January for February,” he said, as he adjourned all the two murder cases to Janaury 28, at which time a decision is likely for a resumption of jury trials.

In the third matter, the two accused are yet to decide if they want a judge-alone or jury trial, and that case was adjourned to an earlier date in January to set a likely trial date in February to be heard virtually, depending on what mode of trial the men decide on.

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