Demerara Criminal Assizes opens today under strict COVID-19 measures

3Under COVID-19 health protocols that are on par with international best practices, the October session of the Demerara Criminal Assizes opens this morning, Tuesday, October 6, 2020, at the High Court in Georgetown, where 370 cases are listed for trial. Due to the pandemic, there will not be the highly-anticipated ceremonial opening with traditional horsemen and marching policemen. In fact, the formal opening of the assizes remains suspended until further notice, according to the Practice Direction for Jury Trials released on Monday by the Supreme Court of Judicature.
The Supreme Court said that the purpose of the Practice Direction is to preserve the right of the accused to a fair trial, while maintaining the integrity of the judicial process. It further said that the Practice Direction aims to ensure that jury trial and court practices are designed to minimise exposure to infection of Judges, jurors, court staff, the accused, witnesses, members of the media and members of the public.
The Practice Direction would see parties to court proceedings having their temperature screened before entering the courthouse. The wearing of masks and keeping six feet apart is also mandatory for those in attendance. The courtroom and documentary evidence will also be sanitised. Masks and sanitisers will be provided when necessary. With regards to the selection of potential jurors, this will be done remotely.
The Practice Direction stated that cameras will be appropriately positioned to allow the Judge to have sight of each card pulled from the lot during the juror selection process. This process will 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 will also be made on-site by the Registrar.
Witnesses have to remove their mask while testifying so that their demeanour can be assessed, except where they are wearing a transparent face mask. According to the Practice Direction, in-person attendance of the prosecution and defence is optional for all sittings as they can join via video link. In the event more that one counsel represents either side, only two of them for either side will 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 witness 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.
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.
A total of 370 cases for varying offences are slated to be tried by a jury before Judges. Several high-profile matters are pending, including the case of former Bishops’ High School teacher Coen Jackson, popular transgender personality Otis “Otisha” Pearson and convicted rapist Neezam Ali who are to separately stand trial on indictments of sexual activity/penetration with a child under 16.
The other sexual offences cases to be heard include those for carnal knowledge of a girl under 15 years, carnal knowledge of a girl under 12 years, buggery, rape, indecent assault of a male, sexual activity with a child family member, sexual activity with a child by abusing a position of trust, sexual assault and incest by a male.  There are also cases listed for murder, manslaughter, attempt to commit murder, inflicting grievous bodily harm, trafficking 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, among others.
One of the notable murder cases involves Regan Rodrigues, who is accused of the March 10, 2015 murder of political activist, Courtney Crum-Ewing. According to reports, the bullet-riddled body of Crum-Ewing was found at Third Avenue, Diamond, East Bank Demerara, on March 10, 2015. The 40-year-old was shot twice to the temple, once to the back of the head and twice to the stomach.
The police, in a statement, had said that the political activist was accosted by four men in a car. One of them discharged several rounds, hitting him about the body. It was reported that the killer(s) used a .32 pistol to execute Crum-Ewing.