Immediate past president of the Law Association, Sophia Chote, is calling for the public to be consulted before moving further with judge-only trials.
“Instead of rushing to legislative solutions, I think, perhaps, there needs to be a greater connection with what citizens actually think about a piece of legislation which is going to fundamentally affect their lives in many ways and affect the system of justice which impacts on their lives,” Chote told Guardian Media yesterday.
“I think there needs to be a consultative process with the citizens of Trinidad and Tobago with respect to this issue before any legislation is promulgated in parliament.”
Meanwhile, the President of the Assembly of Southern Lawyers, Michael Rooplal, said they were not consulted on the proposed bill. In fact, with a bill of this nature, consultations are a must.
“It is my view that legislation, such as the subject bill, which proposes to make such wide-ranging changes to the criminal justice system, ought to be the subject of wide-ranging consultations with all stakeholders ... The bill proposes to make changes to the way criminal justice is administered in Trinidad and Tobago, particularly with the reduction of jurors and the introduction of lay assessors. Such sweeping changes should not be made without thorough analysis and an opportunity to be heard by all stakeholders,” he said.
“In the premises, I believe that the bill ought to be remitted to a Joint Select Committee so that further consultation may take place.”
President of the Assembly of Southern Lawyers Michael Rooplal
RISHI RAGOONATH
While there is currently the option to have judge-only trials, it can only be done via request. Chote said she believes there should not be any move to make the default trial format judge-only.
“I agree with that and I know the association of which I am a part (the Law Association), also takes that position,” Chote added.
With over 15,132 cases pending in the criminal justice system, Attorney General Reginald Armour and the Government are hoping that switching to the judge-only format will help declutter the system by expediting convictions.
Speaking in Parliament last week, Armour noted that finding jurors posed a significant challenge as people were often making excuses to get out of jury duty.
However, concerns have been raised in different quarters. In a release, the head of the Criminal Bar Association (CBA), Israel Khan, described the move as “quite clearly another piecemeal erosion of fair trial protections guaranteed to citizens accused of criminal conduct.”
He said, “The Criminal Bar Association with grave concern has reflected on the stated intent of former attorney general Faris Al-Rawi to eventually remove trial by jury entirely when he piloted the trial by Judge Alone (2017) Bill. The right to be tried by a jury of one’s peers is a Palladium which our citizens inherited and enjoyed after we became a British Colony and allowed citizens to benefit from the spirit of the Magna Carta Of 1215.
“At present, persons accused of serious crimes are entitled as of right to trial by jury as the standard of fairness in indictable trials. The 2023 bill removes the entitlement of trial by judge and jury which will be relegated to a mere option and eventually to further incursions by the Attorney General.”
Minister in the Ministry of the Attorney General Renuka Sagramsingh-Sooklal also explained the high costs associated with jury trials. Independent Senator Evans Welch, meanwhile, said, “These matters can’t take precedence over fairness and justice.” He also expressed concern that the bill will eventually lead to jury trials becoming extinct.