Bar Association 'cautiously optimistic' about resumption of jury trials

The Jamaican Bar Association says it's "cautiously optimistic" about the phased resumption of jury trials. 

The judiciary announced last week that matters will be heard in the Home Circuit Court and some rural circuit courts commencing February.

It said, except where the death penalty is in issue, jury trials will proceed at courts with adequate space to allow jurors to maintain the required physical distance to prevent the spread of COVID-19.

Trials by jury were suspended after the country confirmed its first case of the disease in March last year. 

President of the Bar Association, Emile Leiba, welcomed the resumption of jury trials, which he said will reinstate options for accused persons to have their cases tried. He said the association has been working with the chief justice to establish the protocols. 

"We are cautiously optimistic, because we are concerned that those accused persons, with jury trials being suspended indefinitely, would be languishing in lock up for an indefinite period, where they have not secured bail or they would be forced to opt for trial by judge alone," he told The Gleaner. 

He continued: "We're happy that the jury trials have resumed, but, of course, it's a continuing situation and it can only be resumed where there are sufficient facilities for distancing in accordance with the Ministry of Health protocols."

Jury trials will resume under the conditions outlined in the following parishes:

• Kingston (Home Circuit Court) - Jurors are not required to attend until February 12, 2021. 
• St Catherine - Jurors summoned for the period January 7, 2021 to January 22, 2021 and the period January 25, 2021 to February 12, 2021 are not to attend court until February 15, 2021 when jury trials are to resume. 
• Westmoreland, Portland and Trelawny  - Jurors summoned for the period February 8, 2021 to March 5, 2021 are to attend for duties.
• St James - Jurors summoned for the period January 7, 2021 to February 5, 2021 are not required to attend until March 8, 2021. 
• Hanover, St Elizabeth and St Mary - Jurors summoned for the period March 8, 2021 to March 26, 2021 are to attend for duties.

Jurors summoned for courts in parishes where there are no jury trials are not required to attend and are excused without any risk of penalty.

In order to accommodate jury trials, the judiciary will be using two courtrooms to hear single matters and will be transferring matters that would normally be dealt with at the parish courts to outstations, in order to facilitate physical distancing.

The following protocols have been put in place for jury trials:

1. No matter with more than two defendants jointly indicted for the offence will be heard.
2. Trials with three or more defendants are to take place only if the judge is satisfied that the trial can proceed without violating the ‘Health Guidelines Governing Access to All the Courts of Jamaica’ having regard to:

• The number of attorneys representing the Crown and the defence
• The number of witnesses
• Whether the defendants can be accommodated in the courtroom
• Whether the evidence is to be given orally, remotely and/or by agreed statements of agreed facts
• Any other factor that appears to the judge to be relevant

The judiciary has assured that all COVID-19 guidelines outlined by the Ministry of Health and Wellness will be followed when jurors are in the precincts of the courts.

Chief Justice Bryan Sykes has reiterated the adherence to COVID-19 health protocols by court staff and their responsibility to ensure members of the public are compliant with the protocols before admitting them into the court building.

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