Chief Justice Ivor Archie yesterday criticised defence attorneys who use delaying tactics, saying they are partly to blame for the slow pace of the criminal justice system. Archie made the comment during his address at the ceremonial opening yesterday of the 2014/2015 law term at the Hall of Justice, Port-of-Spain.
Describing the current state of the criminal justice system as grim, Archie said there were some defence attorneys who contributed to unnecessary delays in trials by forcing prosecutors to bring minor witnesses to court to testify. “I have no apology for directly addressing those attorneys who continue to waste time by insisting that the prosecution call every witness in person, knowing that they have no cross-examination but hoping perhaps that something fortuitous will turn up,” Archie said.
Labelling the tactic as simply “bad lawyering,” Archie said: “Moreover, it is wasteful of judicial time and resources, disrespectful to witnesses and jurors, irresponsible and immoral.” He said last year’s statistics showed there were fewer criminal cases disposed of in the High Court compared to the previous year. As a result of that, he said, the Judiciary was considering new Criminal Procedure Rules which would assist in reducing the significant backlog of cases.
Once implemented, the rules would define a clear structure for case management of criminal cases, while introducing strick penalties for lawyers who caused unjustified delays, he said. Similar rules, which revolutionised the civil courts and led to a significant reduction of its backlog, were introduced almost a decade ago, he noted. Archie also reiterated his call to Government to introduce juryless trials, a measure which he initially proposed during last year’s address.
“We simply cannot go on this way. I continue to plead for serious consideration of whether the system of trial by jury should be retained at least in its present form. What is clear to me is that it cannot work as currently deployed,” the CJ said. He also suggested video recording of police interviews with suspects, saying they could negate the need for lengthy pre-trial hearings over the admissibility of confession statements.
“Video taping of interviews also serves to protect the rights of persons in custody by ensuring that proper protocols are followed,” Archie said. He said the situation in the magistrates’ courts was particularly troublesome with statistics showing that of the 125,166 matters filed, only 70 per cent were disposed of.