Committed to ensuring the administration of justice even in a time of crisis, the judiciary’s response to the novel coronavirus disease (COVID-19) pandemic is not an isolated one, but a concerted regional effort aimed at continuity of services.
This was highlighted by acting Chief Justice Roxane George-Wiltshire SC during an exclusive interview with this newspaper on the courts’ operations, challenges faced and lessons learnt in light of the COVID-19 pandemic.
Underscoring particularly what she described as the indispensable role technology is now playing for professions, the chief judge said that going forward, it will be utilised more by the courts. She said that while to some extent it had been used before the pandemic, its use now in a time where social-distancing guidelines to stem the spread of COVID-19 are needed, has been magnified. Efficient, convenient and time-saving lessons have been learnt and technology will continue to be employed even after the pandemic, she said.
The Chief Justice cautioned, however, that this would not replace the traditional means by which the courts operate since in ensuring access to justice for all, the peculiar needs of the public it serves would have to be considered.
On this point, the judge recognised that there may be circumstances where persons are unable to utilise technology and so the court would have an obligation to meet their needs as to not do so would be denying them access to justice. She emphasised that access to justice does not mean that the court will blindly proceed to work remotely without considering these factors.
Recognising, however, that technology has greatly aided case management and the convenience of operating remotely, the judge said it should have been utilised all along. She said that it will be in the future when the need arises, even for the conduct of trials.
Dispelling misconceptions, the chief judge said that from webinars she has attended, courts in developed and developing countries alike have had to grapple with the new normal of conducting hearings virtually as they seek licensing for the various online platforms.
In the meantime, as the courts continue to operate during the pandemic and where physical hearings may be necessary, the judge said that they demand strict adherence to World Health Organization (WHO) guidelines.
She informed that currently at the Georgetown Supreme Court, entry is restricted to only the South Road entrance where persons entering must wear a face mask and wash their hands. Persons in the courtroom must also maintain a distance of six feet apart.
Video-link
The judge highlighted that the court, in current circumstances, has been utilising video-link with the prisons to avoid prisoners having to physically attend court. She said that the prisons have indicated a preference for inmates’ attendance to be remote.
Justice George-Wiltshire explained that the concern has been that when prisoners have to come into the public space and then return to the prison, they have to be isolated as it presents a possible risk of contamination for the prison population. She said that it is not easy to currently have prisoners attend hearings physically as there are protocols which must be followed. She said that in the pre-COVID-19 period, courts used prison video links, but this was done only for remands.
The judge said that an E-filing system is also being used where lawyers send matters to the court via e-mail.
She said that the use of technology will allow the court to do more robust case management. The chief justice said that going forward, Guyana would need legislation/rules to allow for formal admission of exhibits without the need for a person to do the tendering. She cited Trinidad and Tobago as having this system so that the number of witnesses required to attend court would be reduced. She said going forward, these are lessons the local courts have been learning from courts around the region.
Asked about post-pandemic case-backlog concerns, Justice George-Wiltshire said she envisages that this is likely as the system with existing cases which inevitably have had to be rescheduled becomes flooded with new ones.
She said it is a major problem not unique to Guyana but other jurisdictions she has interfaced with, especially in the Common-wealth. The judge said that despite the pandemic, however, the courts in all three counties will be working assiduously to clear existing backlogs and swiftly dispatch with new cases as far as is possible.
On this point, she said that the courts remain committed to open justice and ensuring that this hallmark doesn’t get lost in the virtual hearings. She indicated that as has been done in other jurisdictions, the local courts are considering making hyperlinks available on the court’s website so that with set parameters, persons may be able to listen-in on hearings.
She said that online payment for fees is also being considered.
The judge shared that from a webinar she attended examining the response of courts in the region to COVID-19, they have been utilising online portals in hearing cases but there still exist some difficulties.
Identification
Meanwhile, Justice George-Wiltshire highlighted that the issue of identification in trials is one that has to be examined where online portals are being utilised in ensuring the accused persons are properly identified. She said that steps regarding this have been explored by Trinidad.
She said that another judge from Jamaica shared that the lighting conditions for virtual hearings in identifying witnesses as opposed to in-person hearings also have to be considered, even as she noted that the new normal is a learning process for courts around the region.
She said that they are operating in circumstances just sprung upon courts about two months ago but they are all trying their best.
Justice George-Wiltshire said that judicial officers in the region have been attending a number of webinars on court operations in the context of COVID-19 and that they are managed by the “vibrant” Association of Judicial Officers. She added that they have a chat group where daily experiences are shared regarding protocols and practice directions.
In addition, the judge said that the courts here have established their own COVID-19 response team to respond rapidly to any member of staff who feel they may have been exposed to the virus. The team would provide guiding support thereafter.
Added to this, Justice George-Wiltshire said that the local courts also have a COVID-19 planning team which works to ensure that all public health measures are implemented and followed, while addressing factors of staff rotation and transportation to and from work.
The judge said that the courts also have a resumption team which examines issues of safety and signage, the amount of persons allowed to enter court spaces and the registries and guiding staff on their interaction with each other and the public at large, all of which seeks to ensure access to justice in the safest possible way.
The Chief Justice said that in late May, she, along with the Chancellor and members of the magistracy and other court officials, attended a four-day virtual drug treatment court conference on how to address the needs and requirements of the Drug Treatment Court in the context of COVID-19.
The judge said that the conference was insightful as persons with substance abuse have issues which need to be addressed. She pointed out that the United States has had a lot of issues in their management of those courts and so the entire conference was geared to addressing the needs of those courts in a physical setting but more importantly in the context of having to work remotely.
Justice George-Wiltshire said that it raised the question of remotely monitoring a substance abuser.
She related that internationally, what the various platforms are allowing is for courts to share in real time what each is doing and what are best practices—how they are coping or not, all while assisting each other regionally. The response has been invaluable, she said.
Justice George-Wiltshire emphasised that it has been “fantastic in terms of helping and sharing with one another.” She added that they all realise that they “are in the same boat but thankfully it is not a canoe without a paddle,” even as she expressed optimism of getting through the rough waters well.
She said that operating during the pandemic has been a steep learning curve, “almost vertical,” but with all their constraints, the support from staff at all the courts has been invaluable for which she is personally grateful.
She said that they go beyond the call of duty to ensure the operation of the courts and are in constant contact with their respective courts. She said that her staff is often up late at nights providing her with Zoom links so as to ensure matters are heard.
The chief justice said, too, that there are judges who have also gotten on board, taking the lead in rendering technological, educational and other support where needed— with acting Chancellor Yonette Cummings-Edwards at the helm and working assiduously to ensure the safety of all.
