“Go out and become fair, fearless prosecutors” – Chancellor to trainees

Chancellor of the Judiciary (ag) Justice Yonette Cummings-Edwards is of the firm conviction that justice is not served if a prosecutor is ill-prepared or not knowledgeable in the law. She expressed this sentiment at the recent launch of the “Certificate in Advocacy and Evidence for Summary Courts Prosecutors” programme at the University of Guyana (UG). Describing the launch as a “ground-breaking” event, she said the course will equip students with basic to intermediate skills to carry out the functions of a prosecutor competently in the Magistrates’ Courts.

Having already perused the course outline and other materials in relation to the programme, Justice Cummings-Edwards noted that it is a very comprehensive one.
The programme, according to her, is grounded in basic fundamental human rights, substantive and procedural law in criminal law, a basic understanding of constitutional principles that relate to a fair trial, sources of criminal law, the elements of an offence, no-case submissions, bail applications among other topics.

Problematic, tricky
The Chancellor said that this new programme is an investment in knowledge that would pay huge benefits. She added, “Prosecutors will benefit tremendously because they will be taught a skill and an art that is not generally given or taught…It comes through learning and experience”. Having presided over criminal matters for several years, Justice Cummings-Edwards explained that the institution of a criminal charge as well as conducting proceedings against a person can be “problematic and tricky” at times if one is not equipped with the tools of the trade.

Leave much to be desired
When it comes to the conduct of matters in the Magistrates’ Courts, the Chancellor said that prosecutors, primarily Police ranks, are “thrown in, in the deep end”.
Justice Cummings-Edwards, in reflecting on her time in the Magistrates’ Courts, said there were instances where prosecutors would tell Magistrates “Your Worship, the evidence is before you” after defence counsel would have presented a no-case submission. The Head of the Judiciary expressed that it leaves much to be desired when a Police prosecutor fumbles in court instead of being robust, well equipped, and prepared to deal with the task at hand. According to the Chancellor, in the Magistrates’ Courts, Police prosecutors are up against senior defence counsel, sometimes senior counsel who have had years of training and experience.

Justice
She reasoned, “If you are not au fait with the elements of an offence, one cannot lay a proper charge…let alone prove the essential ingredients of the offence. If you are not so aware, the case can collapse or fall to the ground as the court will uphold a no-case submission because the elements of the charge are not proven”.
Where the court upholds a no-case submission or the Magistrate finds the defendant not guilty for the very fact that the evidence has not been led or the prosecutor has not been able to prove the case, Justice Cummings-Edwards noted that in such an instance “we cannot say that justice is served”.
To this end, she added, “Justice is not served if a prosecutor is ill-prepared or is not knowledgeable in the law. Justice is not served if the prosecutor does not know the source of the law or the conduct of the proceedings in court, the rules of evidence or how to respond to a no-case submission, or even how to do a closing address.”

Fair, fearless prosecutors
In light of this, she said that Police prosecutors will now be able to “stand up to them [defence counsel]” after completing this training programme. With the launch of this prosecutorial training course, she expressed certainty that Police prosecutors will be able to marshal the evidence, advise the Magistrate on the salient aspects of the evidence, and even address the court on the relevant case laws that will support their case. She said that the course will enable Police prosecutors to carry out their functions with competence and diligence.
Justice Cummings-Edwards encouraged those undertaking the course to go out and change the world by becoming “fair and fearless prosecutors” by playing their roles in the administration of justice. She also urged those undertaking the programme and those who intend to enrol in it to “stay the course”.
As a former prosecutor herself, the Chancellor reminded them to be conscious of the critical role that the Office of the Director of Public Prosecutions (DPP) plays in prosecuting and taking over criminal cases and to conduct themselves in a manner befitting of the office of a prosecutor. In closing, Justice Cummings-Edwards said that this certificate programme will revolutionise prosecution in Guyana and will ensure that justice is served throughout the length and breadth of the country.

About the programme
The “Certificate in Advocacy and Evidence for Summary Courts Prosecutors” is the product of a joint initiative between the Attorney General’s Chambers and Legal Affairs Ministry, the Government, and UG. It is aimed at producing professionals who are specially trained to prosecute matters in Guyana’s Magistrates’ Courts. The initiative is being funded by the Inter-American Development Bank (IDB) as part of the Support for the Criminal Justice System Programme (SCJSP).
Thirty-five persons were granted scholarships to undertake the programme which is facilitated through UG’s Department of Law. Several Police prosecutors have enrolled in the programme. The programme, which is open to local and international students, commenced on March 7 and will run for the next few months. It is only open to persons with a Bachelor of Laws degree from UG or any other recognised university and third-year LLB students currently enrolled at UG.
Persons who complete this certificate will be hired by the State to serve as Summary Court Prosecutors in Guyana’s Magistrates’ Courts. Summary Court Prosecutors will prosecute persons accused of committing summary offences, or triable either way offences which are being tried summarily and may be involved in the preliminary inquiries and paper committals regarding indictable offences. (G1)