–Bar Association hosts first ‘Law Week’

THE April session of the Demerara Criminal Assizes opened on Tuesday with a ceremonial parade, after a two-year hiatus due to the coronavirus pandemic.

Chancellor of the Judiciary (ag) Yonette Cummings-Edwards inspected the Guard of Honour, and took the salute at the parade which was held in front of the Georgetown High Court.

The Chancellor, Chief Justice (ag) Roxane George, S.C; Attorney-General Anil Nandlall, S.C; judges, magistrates, Commissioners of Title, and practising attorneys marched along the streets bordering the court as part of the opening ceremony.

Justice Sandil Kissoon, together with Madam Justice Jo-Ann Barlow and Madam Justice Priya Sewnarine-Beharry will be presiding over the cases listed for this criminal session.

Later, a post-ceremonial programme was hosted by the Guyana Bar Association (GBA) in celebration of the inaugural Law Week, under the theme, “Advancing the rule of law under the new normal”.

In delivering her remarks, President of the GBA Pauline Chase said that “Law Week” is an activity held around the world annually by bar associations or societies to promote the importance of the Rule of law in society.

The attorney took the opportunity to call for the appointment of persons to serve on the Judicial Service Commission (JSC), which has not been reconstituted since 2017. The Commission is responsible for making recommendations for judicial appointments, and removing or exercising disciplinary control over persons holding or acting in judicial offices.

“The effects of its absence goes without saying, and while I’m sure that blame can be appointed by defenders over the years for its absence, I wish to sound the warning that the situation grows more dire with each and every passing day,” Chase said.

Director of Public Prosecutions (DPP) Shalimar Ali-Hack, S.C., spoke to the functions of her constitutional office, which is actively involved in the upholding of the Rule of Law, which is fundamental to aiding democracy, failing which there will be anarchy.

She explained that 354 cases are listed for hearing during the April session, 75 of which are for the offence of murder, while 174 are for sexual offences.

The DPP also said that she is looking forward to the new management information system for the digitising of police files from investigations.

She explained that the digital file will be sent to the Office of the DPP for legal advice, after which it will be returned, electronically, to the police. Charges will be filed digitally by the police, and trials will be conducted using a digital file.

PAPER-BASED SYSTEM
“The paper-based system at present operates in all the local courts: The Magistrates’ Court, the High Court and the Court of Appeal. The court most affected is the Magistrates’ Court; this is the court where all criminal charges commence,” the DPP said.

Against this backdrop, she said that the system is important to better manage cases to reduce the backlog and delays in the justice system.

Also speaking was Justice George, who said that while the COVID-19 pandemic had some negative effects on the justice system, there was a positive as it has accelerated the modernisation of the processes and system of the Supreme Court of Judicature.

“The main positive has been the utilisation of technology to support our court operations. We are focused on building out the technological foundation that will undergird the operations of the Supreme Court,” she said.

The pandemic has accelerated the digital transformation of the court system, especially with the case management system. The court’s website: https://supremecourt.gy, provides general information and has an online filing mechanism.

The Chief Justice also said that the roll out of recording systems, video conferencing facilities, and the container court in person, allowed the court to transition to virtual court hearings for the resumption of jury trials during the pandemic.

“The Supreme Court is on a transformational trajectory that will see us rolling out not just new courts, but courts that are technologically advanced and we will enhance the facilities at the older courts,” she said adding:
“We are focused on court excellence; our aim is to provide quality service. In doing so we will strive to guarantee greater access to justice, better court customer satisfaction and thereby continue to advance the rule of law in the new normal.”

ACCESS TO JUSTICE
AG Nandlall, in his remarks, reaffirmed the government’s commitment to partnering with the judiciary to ensure access to justice throughout Guyana in the new “normal”.
“We can no longer operate like we used to; technology and the Internet became indispensable. We heard of Zoom for the first time, and E-meetings and teleconferences have become the norm rather than the exception in our day-to-day and other operations,” he said.

Minister Nandlall said that amid the pandemic, the judiciary was able to hear and determine elections-related cases during a period when there was a lot of “political turmoil” in Guyana.
He explained that many proceedings during that period were filed in the court system electronically, and heard electronically, including both of the March 2020 election petitions, the challenge of the president’s power to confer silk, and also the legal challenge of the COVID-19 emergency measures.

According to Minister Nandlall, these cited cases are some of the most important judicial pronouncements emanating from our court since independence, and they all took place during that “great period under challenge”.

“These cases were filed at a very difficult time in this country. Many of our citizens were unsure about the future of our democracy, our constitution was on trial, the rule of law itself was on trial and every tier of the higher judiciary was activated in this period,” he said.

“That alone, in my humble view, has shown that the legal fraternity, the judiciary, and the legal profession acquitted itself with great distinction in serving the people of our country,” he added.

After the first case of the coronavirus was detected in March 2020, the Supreme Court of Judicature suspended jury trials and in-person hearings. However, jury trials resumed in October 2021, with access to remote hearing.

Later, this also led to the resumption of jury trials in the High Court in Essequibo and Berbice. These efforts at resuming jury trials have been in recognition of the fact that jury service is integral to the country’s criminal justice system.

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.