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'Make better use of bench trials' chief justice urges attorneys

Published:Sunday | June 28, 2020 | 12:00 AM
Minister of Justice, Delroy Chuck (left), observes as head of the European Delegation to Jamaica, Ambassador Malgorzata Wasilewska (centre), presents audio-visual equipment to Chief Justice Bryan Sykes at a handover of the equipment to the courts on Friday. The event was held at the St. Catherine Parish Court. The equipment has been funded through the Justice, Security, Accountability and Transparency (JSAT) Programme and will be installed in 19 courthouses island-wide to facilitate testimonies from remote locations.

Chief Justice Bryan Sykes says some defence lawyers could be violating their clients' constitutional right to a fair trial in a reasonable time, if they fail to rethink their approach to having matters heard by the court.

He is urging attorneys at the private bar to make better use of bench trials, which are trials by judge alone. 

The chief justice was speaking at the official handover ceremony of audio-visual equipment, comprising desktop computers, microphones, amplifiers, mixers,
television cameras and Blu-ray players, to 19 court houses. The event was held at the St. Catherine Parish Court on Friday

“I must use this opportunity to make an appeal to members of the private bar, because unless they rethink some of the ideas they have, they are going to be actively involved in violating the constitutional rights of their clients, which is the right of a fair trial within a reasonable time,” Sykes said.

He said the Criminal Justice (Administration) Act makes provision for the use of bench trials for most cases, but several defence attorneys are unwilling to use the provision. The Act prescribes that the prosecution and the defence must agree in writing for the offence to be tried by a judge alone.

The chief justice's plea comes amid COVID-19 restrictions at the nation's courts, where jury trials remain suspended, as juror boxes do not allow for physical distancing.

He is also urging defendants to ask their attorneys for information about bench trials so that their matters can be quickly resolved and they can get on with their lives.

“If you’re being told that your trial will not be until 2022 because there is no jury, you need to say to your lawyer: 'But I hear the chief justice saying that I can get a trial without a jury. How does that work?' The lawyer will explain it to you how it works,” said Sykes.

He continued: “When you’re charged with a criminal offence, there are so many things that happen to you even if you’re on bail: travel is restricted because you have reporting conditions; you have difficulties with your employment obligation, because you may have to be travelling where you have to report to; and your employer may not be too pleased of the fact that you have been charged with a criminal offence and so you need to get this matter resolved one way or the other.” 

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