–Justice George-Wiltshire finds, as it opens opportunities for remote access to justice

STRANGE though it might sound, this COVID-19 pandemic does have its advantages after all, as according to Chief Justice, Roxane George-Wiltshire it has taught her and her colleagues a thing or two about technology and innovation.

She said that for starters, it has taught the local judiciary that, moving forward, there are many ways in which the court system can increase its efficiency.

She made this startling observation on the Sunday day-time television programme, ‘Bush-Tea Time’, hosted by the National Communication Network (NCN), where she began by saying that COVID-19 has opened the eyes of many to the usefulness of technology in making life easier.

“We are looking in the court system to increase our efficiencies. We have realised for instance… and we’re going to be asking the public to do this, and the lawyers… that emailing queries is better than you coming to the court to stand up there to ask us to do something,” Justice George-Wiltshire said.

Speaking to the experience of one particular Department, she said that those in charge of collecting queries have found it so much easier to do their job, and at the same time prevent members of the public from having to visit the court for simple matters.

And while acknowledging that everyone may not be tech-savvy enough to send their queries by email, Justice George-Wiltshire said that such a change, which is already being implemented, will stand to benefit everyone in the long-run.

She said: “It will reduce the number of persons that have to physically attend the court, and it will allow us to increase our efficiencies. So, going forward, where we thought that if we do not have counsel appear before us, things will fall apart, the answer to that is, ‘No!’ That if we don’t have litigants appearing; that the case can’t go on, the answer to that is, ‘No!’ We will put in place measures to ensure continued access to justice.”

Chief Justice George-Wiltshire said that the court must, and will also consider those who do not have the capacity to engage it remotely, and that provision will be made for these individuals, even as they adhere to all safety measures in place.

EMERGENCY DIRECTIVES
Following the emergence of COVID-19 in Guyana, the Supreme Court of Judicature implemented a number of COVID-19 Emergency Directions intended to guide the public on how to access justice.

Among those directives was the suspension of court sittings and hearings with immediate effect, save for those matters which qualify as urgent, and applications.

“We have had to institute restrictions on the filing of matters that are only urgent, though we are now moving to open up slowly,” the Chief Justice said, adding: “I know persons thought we had shut down, but we could not; we cannot. Access to justice cannot be impaired or put on pause.”

And with the suspension of all ‘in person’ hearings, courts are being conducted remotely, as sittings of the Magistrates Courts continue via such electronic means as Zoom, Skype, or WhatsApp video and teleconferencing.

Though prior to COVID-19, several courts in Guyana possessed telecommunications equipment for remote participation in the justice system, this was seen an exception to the rule. Chief Justice George-Wiltshire pointed out that this has now become the rule.

Given what has been achieved since the advent here of COVID-19, the Chief Justice envisions that the judiciary will be able to better serve the people of Guyana, but noted that while it may take a lot of work to acquire the additional equipment, Internet connection and training, there is commitment to seeing it through.

“Going forward,” she said, “our new normal will be that what was an exception, in terms of remote hearings, could and will become the norm; it will assist our remote locations. We have a lot of courts in areas that are very, very distant in our interior, and in terms of getting magistrates to those courts, the terrain that has to be travelled [it’s difficult]. If we can get those court buildings to be remotely connected, it means that court doesn’t have to be held at distant intervals; it can be more immediate, then it serves the public better.”

During the donation of telecommunication equipment to the Vigilance Magistrate’s Court back in January, Chancellor of the Judiciary, Justice Yonette Cummings-Edwards had stated that technology is changing the way countries practise law and administer justice, and that Guyana has the opportunity to join the change.