Since Guyana recorded its first case of and death from the Coronavirus back in March, jury trials resumed yesterday morning at the High Court in Georgetown in what acting Chief Justice Roxane George-Wiltshire said is a safe environment for all.
The opening of the October Criminal assizes, the final of the annual four sessions for the year was not declared in regular ceremonial style, but rather saw keen enforcement of what has become universally known as the COVID-19 guidelines aimed at stemming the spread of the deadly virus.
A press release issued by the Supreme Court last night said that the Judiciary was pleased to announce the resumption of jury trials which it said is a monumental achievement since many jurisdictions worldwide have been unable to restart such an essential judicial service.
While some sections of society have criticised the resumption of jury trials, the Chief Justice said that as a provider of an essential service, the courts have to continue on with trials to ensure access to justice.
In an exclusive interview with Stabroek News, the Chief Justice assured that the court environs are made safe for everyone while expressing the hope that all users will follow the national public health guidelines for the safety of all.
“We cannot close the courts,” the judge noted.
While the High Court had announced its intention to physically resume criminal trials, the Guyana Bar Association (GBA) has expressed the view that given the pandemic, trials should not recommence at this time.
Raising a number of concerns, the GBA had said that while it is conscious of the constitutional rights of an accused person to a fair hearing within a reasonable time, this right is not absolute and must be balanced against other considerations such as public health and other enshrined rights of citizens.
“One right cannot outweigh the other,” the GBA had said in its statement.
In a virtual interview with this newspaper, however, the Chief Justice said, “We cannot say to the prisoners we are very sorry, we can’t provide the essential service that you need. And so we have to press on.”
Justice George-Wiltshire assured that all safety measures are in place for the safe conduct of trials.
A source related to Stabroek News yesterday that a juror in a part-heard matter before Justice Brassington Reynolds who tested negative for COVID-19 was in court yesterday showing signs of being unwell.
The source said that the particular juror was coughing and had a high temperature; stating further that the juror remained in the building and was also in the courtroom with everyone else the day before.
When contacted, however, the Court through its Communications Unit related that the juror in question was tested for the Coronavirus and returned a negative result while adding that “all health information regarding the juror has led to the conclusion that it is safe to proceed.”
The correspondence from the court related that the health information produced by the juror , in addition to the negative PCR test has led to the conclusion that it is safe to proceed and that the judge would give directions as to the continued progress of the case.
Assiduously
Chief Justice George-Wiltshire said that over the last two to three weeks, the court has been working assiduously to get the jury trials up and running.
She said that because of the pandemic and COVID guidelines the court has summoned for the opening of the criminal session, only 45 jurors assigned to one court and not the full pool of 135 which is usually present on opening day.
She said that they were all seated six feet apart as required by the guidelines and that the empanelment process now takes place on the corridors.
Courts 2 and 3 she said have been outfitted with individual socially distant juror seats for the selected 12 and Jurors no longer face the judges
She said that protective plexi glass has been installed around the judge’s bench and clerk’s desk
The judge also spoke of what she called a blended court which she said has links to Courts 1 and 5 in which the 12 jurors could sit physically spaced in court 1 and have a link to Court 5 where the judge, witness and counsel would be.
The Chief Justice said that the court has consulted with the Public Health Authorities and the COVID-19 Task Force who visited the court “and they gave us the all-clear,” but added that even before that engagement, the court had already engaged the Public Health Authorities from the very beginning when Guyana was hit with the coronavirus.
The judge said that while persons may be of the view that the courts did not engage with Public Health, it did from very early.
Another feature she said that would be seen on a visit to the court is the presence of community health workers at entrances testing temperatures and ensuring that no one entering is exhibiting COVID-19 symptoms.
She said that those workers ask the questions they have been trained to ask and stated that the community health workers are not court staff but have been provided to the judiciary due to its engagement with the Public Health Authority.
The judge said that they are in Regions 3, 4, 6 and 10 and where they do not have these specific workers, court staff have received some training in doing the testing. But she noted that the main hub of courts such as Region 4 have the health workers.
The judge said that counsel and witnesses can attend hearings either in person or virtually while the prisoners will be accommodated virtually from the prisons.
Justice George-Wiltshire said that the courts are also outfitted with specialized bins for disposal of masks in biodegradable bags which she said will then be taken to the Georgetown Public Hospital for disposal.
Regular sanitizing she said will also be a feature and that jurors would have breaks every hour to facilitate 15-minute sanitization exercises.
As the courts would ordinarily do sometimes, multiple cases are being empaneled on the same day so as to limit the amount of times the entire jury pool has to return to court.
Recognizing reliable internet connectivity as pivotal to its news mode of operating, the judge said that the court has collaborated with the National Data Management Authority (NDMA) which has been key in setting up the technology required to get the connectivity in multiple courts up and running all at the same time.
Against this background she said that there has been coordination with the court’s IT department, that of the prisons and NDMA.
The judge said that support from the judiciary in Trinidad has been tremendous.
The Chief Justice said that also being actively pursued are what she referred to as hubs at police stations at which charges will be read which will limit the amount of persons arriving at court houses.
On this point she explained that where persons are to be charged for a matter and have a first call, rather than travel down to a courthouse they can go to what she called a “police station hub” which she said would be outfitted with the technology to make that first appearance.
The focus in all this the judge assured is health and safety “while we go about our daily business which is message I think we have to get out there.”
The judge said she observed that persons are shopping, and going to work for those who cannot work remotely even as she noted that while functioning in a COVID environment the key is to ensure that safety guidelines are followed, which is what she said the court will be doing.
She said, too, that many of the jurors are persons who are work because that is the pool from which persons are pulled to serve and added that o just as work places have protocols in place for the safety of their employees, so too does the court.
“People have to get on with their lives and we as an essential service have to ensure access to justice,” the Chief Justice said.
A press release issued by the Supreme Court last evening said that the Judiciary was pleased to announce that jury trials had recommenced which it said is a monumental achievement given that many jurisdictions worldwide have been unable to restart this essential judicial service.
Against this background, the release said that the Judiciary 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 while noting that 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 release said.
According to the release, The Judiciary 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. Members of the public who have an interest in the criminal justice system have not been able to witness trials. 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 release said.
Against this background the release said that a number of measures have been put in place for the safe conduct of cases including social distancing, the use of cameras, video link and video conferencing facilities, the use of plexi glass, the installation of sanitizing dispensers in all courtrooms and constant sanitisation of jury seating, court furniture, exhibits and the courtroom.
The release said that temperature screening will also be conducted upon entry of everyone to the court compound and that the summoning of a jury panel is staggered to allow for social distancing.
It added that court corridors have been utilized to accommodate the empaneling of juries while the media is allowed to report on the trials remotely by audio visual link.
Members of the public especially relatives of accused or victims may also view trials by video link. These measures are dealt with extensively in our protocols for the resumption of jury trials during the COVID-19 pandemic, the release stated.
According to the release, the Judiciary expressed gratitude to its partners in its efforts to resume trials and went on to thank the Ministry of Health, the National COVID-19 Task Force Secretariat, the Regional Health Officer, Medical Doctors and Public Health Authorities for their assessments, guidance and advice towards operationalising the jury trial process “in an environment which is safe for all the stakeholders involved. Our thanks are also expressed to our committed Judicial Officers, court staff, attorneys-at-Law, witnesses and jurors.”
“We are heartened by the fact that the Guyana Prison Service and the Guyana Police Force, who are all important actors in the Criminal Justice process are on board with the provision of courtrooms and IT facilities at the prison,” the release went on to say.
The Judiciary said it salutes and commends its officers in the Information Technology Department, Court Reporting Unit and Administrative Officers who have worked beyond the call of duty to realise this important undertaking.
“The Judiciary has a constitutional mandate to ensure that justice is served and the rule of law is maintained. The Judiciary of Guyana will continue its collaboration with all stakeholders to ensure that all Courts throughout the length and breadth of Guyana continue to be safe for all as they dispense justice,” the release also said.
