High Court criminal trials are set to recommence on October 6th when the final of the assizes for this year is also expected to be declared open.
Trials have not been conducted since Guyana recorded its first coronavirus case back in March which was followed by government’s implementation of emergency restrictions in a bid to contain the spread of the virus.
The court, too, had adopted its own practice directions protocols as a means of responding to the COVID-19 pandemic which at the time did not cater for the conduct of trials.
In an interview yesterday Registrar of the High Court, Sueanna Lovell told Stabroek News that the judiciary is assiduously working towards having criminal trials recommence on October 6th when that month’s criminal session is also slated to be opened—the final for the year.
Lovell was asked about the resumption of trials against the backdrop of the recent unrest at the Lusignan Prison during which two inmates were shot and killed by prison guards who said that they were among a number of inmates who rushed to the main gate in a bid to break it.
Among the plethora of complaints raised by the prisoners, was that their matters are not being heard with any alacrity and the contraction of COVID-19 by some 140 inmates. The first two COVID-19 cases in the Lusignan prison were confirmed more than a week ago.
While acknowledging the frustration of the prisoners over their matters not being heard and their constitutional right to a hearing within a reasonable time, Lovell assured that the judiciary has not been blind to their concerns.
She said, however, that given the pandemic and the need to ensure physical/social distancing which forms part of the guidelines to stem the spread of the deadly disease, specific protocols have had to be considered as to how juries, which form a fundamental pillar in High Court criminal trials, would be facilitated.
To this end the Registrar said that meetings are currently being held at the highest levels with all stakeholders—the judiciary, the Director of Public Prosecutions (DPP), the Prisons and Police where certain decisions are being looked at and taken to ensure the safe conduct of jury trials.
Stating that the logistics are manifold for ensuring that the court is ready to operate under strict COVID guidelines, the Registrar referenced the example where the courtrooms have to be prepared to now accommodate persons differently.
On this point she noted that they are currently being outfitted with protective glass shields and the technology required to facilitate virtual hearings and the like.
She said, too, that there are certain technological considerations which have to also be factored in for persons who will be joining the hearings remotely and on this point she referenced the prisoners themselves who she said will not be leaving the prisons to attend court, but will instead do this virtually.
Lovell outlined that the prisons are also therefore putting systems in place to ensure that their technological capabilities are in place, ready and can facilitate the trials by October 6th.
The Registrar said that the jury would not be accommodated in the jury box as is the norm, but would be rather be spread across the courtroom to ensure social distancing.
She said that the judge, clerk and Marshall which make up court staff will be allowed in the courtroom along with the prosecutor, two attorneys per accused and two relatives at the most.
She noted, however, that the hearings will be live streamed via Zoom so that the press and other relatives desirous of following the proceedings can be accommodated, while adding that as opposed to the regular three judges who preside in a session, there will now only be two.
Lovell shared that there was an attempt to conduct a trial some months back after COVID hit, but this was not completed. She said that come October 6th, the judge will resume with that trial and it is hoped that the court’s new protocols would be a success.
The Registrar sought to assure that every measure is being adopted to ensure the safety of everyone in the courtroom; while noting that over the past months consultations were had with the Guyana Bar Association as a stakeholder all in the quest to forge the way forward.
“So we did not just down tools and allow the chips to fall where they may. We have been working together to address concerns and issues,” Lovell said.
The Registrar said, too, that both the Chancellor and Chief Justice have been attending a number of webinars and other virtual conferences, partnering with judiciaries in the Region and further afield to ensure that best practices are adopted to ensure the safety of all involved.
