With the Coronavirus pandemic still persisting, court hearings will continue to largely be conducted virtually, which the judiciary says is part of its efforts to mitigate community spread and other serious public health threats associated therewith.
In its published Remote Hearings Practice Directions the Supreme Court through acting Chancellor Justice Yonette Cummings-Edwards has announced that the courts shall continue to hear cases remotely, where possible, in lieu of in-person hearings until otherwise directed.
Notwithstanding this, however, the judiciary notes that it recognizes the many variables which may be at play and so where required, physical hearings will be conducted with strict adherence to COVID-19 guidelines in ensuring access to justice for all.
The judiciary advises that remote hearings “are real hearings” conducted by remote access technology and are to be conducted in the same manner applying the same legal and ethical principles as face-to-face hearings.
As a result, as would be required when physically attending court, professional decorum and procedural propriety are to be observed at all times even as the court emphasizes that the principles of fairness, transparency and open justice shall not be departed from in the conduct of remote hearings.
The information technology platforms utilized by the courts are; Skype, Microsoft Teams, Zoom Business, WhatsApp and Teleconferencing.
According to the gazetted order of the practice directions, the court may direct that a matter be done by remote hearing on its own motion or on application of the parties to a case and the court in the exercise of its discretion to direct a remote hearing may determine the method or manner of the hearing.
That is, whether in terms of videoconferencing or teleconferencing that would best serve the interests of justice by having regard to location of attorneys, parties and witnesses; whether parties and witnesses are equipped with or have access to technology for the conduct of the hearing; and the type and speed of connectivity available to these persons.
Participants are advised that when the court schedules a remote hearing, they must ensure that they are adequately prepared for the hearing and have the necessary equipment and internet connectivity for the hearing.
Participants are also advised to join the meeting 15 minutes in advance to allow sufficient time to address any technical issue.
Prisoners are not required to attend court in person but rather will participate virtually from the prisons or other lock-up facilities or any other places approved by a judge or magistrate.
According to the practice directions, arrangements may be made for witnesses to attend and give evidence from an independent secure remote location as determined by the court and the judge may determine the suitability of any location from which a witness may testify.
Break-out rooms
The court’s videoconferencing platform is equipped with break-out rooms or meeting rooms available to attorneys to, where necessary, hold private consultations with clients in order to give advice and receive instructions during the hearing.
The court notes that when using an audio rather than audiovisual platform, account must be taken of the needs of participants with hearing impediments and whether they are able to lip read or will be assisted by an interpreter.
According to the practice directions, as far as practicable preliminary inquiries and paper committals are to be done by remote hearing and in accordance with the provisions of the Criminal Law (Procedure) Act.
Recognizing that the availability of the internet in interior locations is limited, and parties may face many challenges connecting to a remote hearing platform the judiciary advises that it may be preferable if parties attend proceedings from an agreed location with the required internet equipment and personnel.
Among other things, participants are asked to carefully consider the suitability of the environment and background from which they will be joining the remote hearing and must do so from a quiet, private and secure location.
Participants are to ensure that there is adequate lighting to illuminate facial features and to also ensure that no other person is present in that room with the party or witness unless permitted by the court and if a self-represented litigant needs to have someone present they must also first seek the court’s permission.
In preserving the principles of open justice, the court has said that open-court remote hearings are public hearings and that the media are allowed to provide coverage.
The judiciary warns that abuse of the system or non-adherence to its directions may result in sanctions such as a caution, reprimand and suspension of the hearing for some time or adjournment of the hearing with the possibility of a cost order where another hearing is to be scheduled.
The Chancellor notes that the directions are subject to revision given the evolving nature of the COVID-19 pandemic and the changing nature of technology and electronic communication and may thus be amended or altered accordingly.
