By Robert A. Emmanuel
Attorney-at-law Leon Symister has criticised the government over plans to make judge-only trials a permanent feature.
The Criminal Proceedings (Trial by Judge Alone) Act, which was passed during the height of the Covid pandemic in 2021, was aimed at addressing a backlog of cases as jurors were unable to convene.
Parliament will meet tomorrow to amend the act, with the expectation that the new bill will make the measure permanent.
On the Observer AM show yesterday, Symister said that jury trials are a facet of common law and the democratic system, claiming the move amounts to an indirect erosion of both.
“It is common that we know that there is a right for a trial by jury, but in this legislation they do not abolish the jury system directly but they do so indirectly as most of the cases must—not may—be tried by judge alone, and those that are not mandatory the defendant can decide he wants a judge to do so,” he expressed.
Symister, who has ties to the opposition United Progressive Party, expressed “when a government tries to strip away some rights on areas that the majority may not have a concern over at a particular time and they get away with it, they would move to other areas”.
He has acknowledged, however, that judge-only trials are not unusual to the justice system, referencing the many civil cases being judge-only, except defamation cases where there is an option for a jury.
Section 1(2) of the original act states: “This act shall come into force on a date which the minister may appoint and shall remain in force only for such period of time as the Covid pandemic shall persist.”
Several notable regional attorneys and judges have commented on the implementation of judge-only trials.
Last year, Chief Justice of the Eastern Caribbean Supreme Court, Her Worship Dame Janice Pereira, called for judge-alone trials in high courts across the Caribbean region.
In her view, “there can…be no compelling or objectively reasoned opposition to its implementation and taking such measures would go a long way towards reducing the backlog of criminal cases in the OECS with no adverse effects on the fairness of the trial process”.
Several advantages have been noted with judge-only trials, including the perception of transparency as judges must give the rationale behind their judgements, and also that judges are better shielded from intimidation by defendants than jurors, which can happen especially in small island communities.