– to tackle backlog in criminal cases; COVID-19 protocols strictly observed

JURY trials recommenced on Monday at the High Court after it was suspended since March 2020 due to the COVID-19 pandemic.

On October 5, 2020, Justice Brassington Reynolds resumed a jury trial which commenced in March 2020, but had to be adjourned due to the pandemic.

According to the Judicature Protocol and Communications Unit, these resumptions are a monumental achievement as many jurisdictions worldwide have been unable to restart this essential judicial service.
Effective from October 6, 2020, the Demerara Assizes opened and two juries were empaneled in the cases of The State v Desmond James and The State v Keron Taylor.

The judges presiding are Justice Brassington Reynolds, Justice Navindra Singh and Justice Priya Sewnarine-Beharry.

Justice Priya Sewnarine-Beharry conducted another empaneling on Wednesday.
The Judiciary of Guyana has been working assiduously over the past six months to facilitate the safe resumption of jury trials for the October session of the Demerara Assizes.
Similar efforts are being undertaken with respect to the Essequibo and Berbice Assizes. These efforts at resuming jury trials have been in recognition of the fact that Jury service is integral to the criminal justice system of Guyana.

“The Judiciary of Guyana has seriously weighed its responsibility to the public health and safety of staff and court users and its obligation to ensure constitutional rights of the accused are upheld. We have considered that in practical terms not only accused persons rights are affected but also victims have been deprived of the opportunity of having their matters resolved and obtaining closure. Attorneys at law, particularly those practising in the criminal field, police officers and witnesses, have also been affected in not having the cases addressed,” the Judicature Protocol and Communications Unit noted.
Members of the public who have an interest in the criminal justice system have not been able to witness trials.

A RIGHT

Having access to justice is a right of all members of our society.
“We note also a continuing backlog in criminal cases as a result of the delay in hearings. Balancing all those factors, and after consultation with the Medical and Public Health authorities, the Director of Public Prosecutions, the Police and the Prison authorities, and the Bar Association, we have carefully moved to resume jury trials,” the Communications Unit added.

The Judiciary has a constitutional mandate to ensure that justice is served and the rule of law is maintained.
During the month of September, 2020, officials from the Ministry of Health and the National COVID-19 Task Force met with the Chief Justice (ag) Roxane George, Justice Brassington Reynolds, Justice Nareshwar Harnanan and Sueanna Lovell– Registrar of the Supreme Court.
The high-level team comprised Col. Nazrul Hussain, Head of the Covid-19 Task Force; Dr. Karen Boyle, Deputy Chief Medical Officer; and Dr. Colin James, head of the Emergency Response Unit.
Discussions were had with the team and inspection was done of the existing facilities for criminal trials with the jury.

The layout of the courts along with the installation of plexiglass, transparent screens around fixtures and furniture and proposed physical distancing of the judge, court staff, prosecuting and defence counsel, and jurors in the courtrooms were approved.

Meanwhile, there are close to 250 rape cases up for trial at the Demerara Supreme Court. The number of rape cases account for two-thirds of all the cases set to be heard in the courts starting October 6, 2020.
On the notice published in the newspapers, there are 370 cases to be heard, ranging from murder trials, attempts to commit murder, manslaughter, wounding cases, trafficking, abduction and cases of rape, buggery, and sexual activity with a minor/family member.