The Guyana Bar Association (GBA) has objected to the Judiciary recommencing jury trials across the three counties – Essequibo, Demerara and Berbice amid the rising COVID-19 deaths and cases. Following the discovery of COVID-19 in Guyana, the Judiciary, in April 2020, suspended all in-persons hearings, including jury trials.
Bar Association President, Attorney-at-Law Teni Housty
On Thursday, the Bar Association dismissed remarks by Registrar of the Supreme Court of Judicature, Sueanna Lovell that the GBA had been consulted over the past months in the quest to forge the way forward. Jury trials are scheduled to recommence on October 6, 2020.
Further, the Bar Association said that the Practice Directions and Protocols in relation to the resumption of criminal trials were only shared with it earlier in the week and on request after it was brought to the attention of the Bar Council from other sources.
Concerns
According to the Bar Association, many areas of concern arise from the said directions and protocols.
Among them, it noted, is the fact that no provision is made for testing; the requirement for witnesses to remove their masks to give evidence is in violation of good practices, guidelines and emergency measures; and physical attendance of counsel and the jury is mandatory without a reciprocal provision for the presiding Judge.
Further, the Bar Association highlighted that no provision was made for consent of the persons involved. It also noted that in the Practice Direction and Protocols, there was conflict with social distancing and other outfitting practicalities, as they do not detail acceptable safety measures or account for risk assessment, ongoing or otherwise; and do not provide for measures should guidelines and directions be breached.
The Bar Association said that while it was conscious of the constitutional right of an accused person to a fair hearing within a reasonable time, this right was 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, it noted.
According to the Bar Association, jury trials all over the world have been impacted by the COVID-19 pandemic, and Guyana is not peculiar in this regard. It noted that in the sister nations of Jamaica and Trinidad and Tobago with high infection rates, jury trials have not yet recommenced.
“In light of the reported rising cases and deaths in Guyana, particularly over the past month, we express grave concerns and reservations for the resumption of jury trials at this time in the manner so proposed by the aforesaid directions and protocols and call for wider consultations to be held before so doing,” the Bar Association added.
In this regard, it said that meaningful consultation has become the hallmark of good administration in a modern society, as was now recognised in many decided cases. The GBA further noted that the decision to resume jury trials affected not only the bench, bar and accused, but also the public at large who are compelled by judicial command to appear either as jurors or witnesses, under the threat of penal sanction if they fail to do so.
“A member of the public has no option of consent to appear, the final decision residing in that of the presiding Judge in whom the sole discretion lies even to permit facilitation remotely by way of virtual video link. In the current pandemic climate, physical appearance is at a great personal and public health risk, which could mean life or death.”
