“Mobile Courts” will cut major costs, reduce threats of exposure to COVID-19

…Govt, Judiciary laud initiative
…to be replicated countrywide

By Lakhram Bhagirat

Guyana on Monday launched 14 virtual courtrooms at the Lusignan Prison, East Coast Demerara (ECD) in an effort to minimise the threats of exposure to the novel coronavirus (COVID-19) while guaranteeing prisoners their constitution right to a fair and speedy trial.
The initiative was a collaborative effort between the Executive and Judicial arms of Government, and will see a total of 33 such virtual courtrooms being established at all the prisons across the country.
Chief Justice Roxane George lauded the initiative as an historic one in the development of the administration of justice in Guyana. She said it was birthed out of a challenge to ensure continued access to justice in the context of the ongoing COVID-19 pandemic.
The idea to retrofit containers to serve as virtual courtrooms was touted about 10 weeks ago, and according to CJ George, it was embraced by the Irfaan Ali-led Administration and a commitment was made to immediately have the resources available for implementation of the project.
“There were full, frank, and fruitful discussions among representatives from the Judiciary, the Guyana Prison Service, the Guyana Police Force, and the National Data Management Authority. The end results – 33 additional courts at prison facilities across Guyana. 14 here at Lusignan, 4 at Camp Street, 8 at New Amsterdam, 3 at Mazaruni and 4 at Timehri,” she said.

The Chief Justice added that at every location there is a control unit to ensure connectivity between the Courts and virtual courtrooms are stable and working. She related that the finished products are a source of pride for every person that worked on the project, while expressing gratitude to the Judiciary of Trinidad and Tobago for their support and advice, which long before the onset of COVID-19, pioneered the use of containers at courts in the Caribbean Region.
She noted that the use of technology would definitely bring justice close to the people. “I would respectfully suggest that we continue in this vein, to provide community hubs from which defendants can attend court and witnesses can testify virtually without incurring the cost of, and overcoming the challenges of, internet connectivity and accessibility. We have begun to do this with some success by having hubs at some Police Stations, but we are acutely aware that these would have to be expanded to allow for even greater access to justice throughout the country.
“These courts and hubs will reduce cost to the state in terms of transportation cost and the effort in getting Police and civilian witnesses, as well as defendants and accused to attend court, especially when they would have to travel long distances, including from and within our vast interior and rural communities. There will also be great savings in the provision of security, required especially in criminal cases. In addition, these courts would benefit prisoners the attendance of prisoners in civil and family court matters ensuring their access to justice,” Justice George lamented.

Justice manifested
Article 144 (1) of the Constitution states: “If any person is charged with a criminal offence, the, unless the charge is withdrawn, the case shall be afforded a fair hearing within a reasonable time by an independent and impartial court established by law.”
In keeping with constitutional right to a speedy trial, Chancellor of the Judiciary Yonette Cummings-Edwards related that while prisoners may have lost hope during the height of the pandemic, the Judiciary did not sit idly by.
“In the midst of the pandemic we formed criminal task force involving members who play an important part in the administration of criminal justice in Guyana. That taskforce comprised the Police, Prisons, DPP (Director of Public Prosecutions) and the Judiciary and we looked at ways in which you can have both summary and criminal trials continue in the midst of the pandemic. With the ideas put together by the panel we were able to put protocols in place for the health and safety of everyone and we went towards remote hearing for persons in custody but that was not sufficient in terms of how much cases we could have done,” the Chancellor informed.
Justice Cummings-Edwards explained that Director of Prisons, Gladwin Samuels provided the Judiciary with a statistical audit of the prison population so that they could have assessed the number of inmates and their offences, length of time in prison and those on remand for not being able to afford bail. She further stated that the Judiciary would have revisited its policy of imprisonment especially in the Magistrate’s Court for minor offences.
For persons who could not have afforded bail, they were given reduced bail amounts or placed on self-bail.
“We started to look at our own system. We started looking at our own policies. We looked at those who are in custody over a long period of time and we try to priortise those cases and the police helped us in getting up witnesses even during the pandemic…today’s event is going to put us to a higher level, a level where we can make a difference, a level with which we could make an impact in the criminal justice system because the container courts – with the roll out of it – would ensure that justice is not only done but justice manifests or appears to be done,” she said.

Reduced costs
Meanwhile, Attorney General and Minister of Legal Affairs Anil Nandlall related that Government was pleased to collaborate with the Judiciary on such a historic venture. He explained that a lot of time and resources would now be saved with the introduction of virtual courtrooms in the prisons.
He said that the retrofitting of the containers with the requisite technological apparatus, so that they can be used as Magistrates Courts to deal with and dispose of criminal trials right here at the Lusignan Prison is one that has many benefits. He added that there is no need for the Magistrate to travel to the prison to dispose of cases or the prisoner transported to the Court.
“The court will be held virtually using one of the technological platforms via a flat screen monitor by which each container is equipped. This measure will bring relief to the prison population which often agitates and protests delays in the courtroom.
“It will also alleviate the great costs associated with the transportation of prisoners from prison location to Magistrates’ Courts across the country. It will bring great speed to the criminal justice system. It will protect the Magistrate, the prisoner, the police and the court staff from being exposed unnecessarily to the deadly COVID virus,” the Attorney General related.
Nandlall said that the container courtroom is one of the features the Judiciary could possibly consider retaining even after the pandemic is controlled. He notes that one of the benefits of retaining would be reducing the costs incurred by the state when they have to transport inmates from prisons across the country to the various courts- especially in the interior locations.
Home Affairs Minister, Robeson Benn said that the virtual court system goes a long way in facilitating the timely, orderly, and properly manning of cases in the judicial system.