Home News 341 cases for trial as Demerara Criminal Assizes opens tomorrow
Under COVID-19 health protocols that are on par with international best practices, the October session of the Demerara Criminal Assizes will open on Tuesday with a total of 341 cases listed for trial.
The cases listed to be tried are for various offences, including murder, manslaughter, carnal knowledge, buggery, rape, indecent assault, sexual activity with a child family member, sexual activity with a child by abusing a position of trust, sexual assault, incest, attempt to commit murder, inflicting grievous bodily harm, trafficking in narcotics, abduction, obtaining money by false pretence, conspiracy to commit a felony, robbery-under-arms, conspiracy to commit murder, wrongful confinement for ransom, and accessory after the fact.
Due to the pandemic, there will not be the highly-anticipated ceremonial opening, with traditional horsemen and Policemen marching through the streets of Georgetown.
The Judiciary has implemented Practice Directions for jury trials that serve to preserve the right of an accused person to a fair trial within a reasonable time, and maintain the integrity of the judicial process.
The Practice Directions were designed to minimise exposure to infection by Judges, jurors, court staff, the accused person, lawyers, witnesses, members of the media, and members of the public.
Parties to court proceedings will have their temperature checked before entering the courthouse. The wearing of face masks and observing the six feet distance are also mandatory for those in attendance. The courtroom and documentary evidence will also be sanitised periodically.
Face masks and sanitisers will be provided when necessary. Selection of potential jurors will be done remotely. According to the Practice Directions, cameras will be appropriately positioned to allow the Judge to have sight of each card pulled from the lot during the juror selection.
This process would be video recorded and noted by the Judge in his or her minute book with the Court Registrar supervising the Marshall and other staff at the location where the cards are being pulled. A written note of the process would also be made on-site by the Registrar.
Witnesses will have to remove their face masks while testifying, so that their demeanour can be assessed, except where they are wearing a transparent face mask. According to the Practice Directions, in-person attendance of the prosecution and defence is optional for all sittings, as they can join via video link.
In the event that there is more than one counsel represents either side, only two of them for either side would be permitted in the court, sitting six feet apart. The other counsel can join via audio/video link.
Unless ordered by the court, an accused shall attend the trial remotely from prison using audio/video link.
Where the accused is on bail, their attendance at court is subject to directions of the court and social distancing requirements. All local witnesses may be required to attend court for the purpose of giving their evidence at trial, or they may testify by way of audio/visual link.
A party responsible for calling a witness with a health risk shall make an appropriate application in advance to the Judge for the taking of the evidence of that witness via audio/visual link. All religious books to be used shall be placed in clear laminated covering.
The court will recess every 60 minutes to allow participants to move around while still social distancing, and for the courtroom to be ventilated.
Where the trial courtroom cannot accommodate members of the public with appropriate social distancing, they may view the proceedings remotely, but are prohibited from recording. Where appropriate, members of the media may be invited to join the trials remotely. (G1)