Increase in criminal cases before the High Court warrants more Judges- DPP

Jan 11, 2023 News

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Kaieteur News – The increase in the number of criminal cases before the High Court highlights the need for more judges, Director of Public Prosecutions (DPP) Shalimar Ali-Hack, SC. said Tuesday.

Speaking at the opening of the Law Year for the year 2023 at the High Court, which coincides with the opening of this January session of the Demerara Criminal Assizes, Ali- Hack spoke of a number of shortcomings in the system that slows down the disposal of criminal cases in a timely manner.

“We need more judges in the judiciary so there can be more judges sitting in the sittings so that this number of increased cases can be disposed of timelier,” the DPP said.

She continued, “I have been advocating for us to amend section 27 of the High Court Act, which provides for the sittings of the Court in the Counties of Demerara, Berbice, and Essequibo. There are 4 sittings for Demerara and time is lost with the winding down of sittings by judges as the sitting comes to an end; whereas, if there was one sitting for the year then there will be no need for winding down.”

The DPP said that more judges will “allow more cases to be completed” while noting that over the last five years, there has been an increase in criminal sittings.  Further, the DPP said that consideration needs to be given to the assignment of the judges.

Ali-Hack explained that 308 cases are listed to be heard during the January Assizes by three Judges.

“One of the three judges will be sitting in the Sexual Offences Court to hear the sexual offences cases.  There are 134 cases are listed to be heard in the Sexual Offences Court. This clearly is not humanly possible. The remaining 174 cases are listed to be heard by two judges,” she said.

The DPP noted too that all the persons who are indicted for murder are in custody and their cases are given priority because they are in custody.

She said, “We try as far as is possible to present the cases according to this list; however, there may be a hindrance if the accused person does not have a Counsel. A person charged with murder must be represented by Counsel at his trial. If the accused person cannot afford a Counsel, then the State must provide a Counsel for that accused person.”

Added to this, Ali Hack said persons who are charged with sexual offences ought to have a Counsel appearing for them at the trial.

She noted an accused person must not personally cross-examine a complainant, hence, a person charged with a sexual offence must be provided by the State with a Counsel at the trial if the accused person cannot afford one.

The Constitutional rights of an accused person include the right to cross-examine the witnesses for the prosecution which includes the complainant. However, the DPP said this sometimes poses a hindrance to the prosecution proceeding with a case.

“As I mentioned earlier, there has been an increase in the number of cases listed to be heard at the Demerara Criminal Assizes. The cases for Demerara Assizes increased from 230 in January 2018 to 307 for this January 2023 Assizes. This 33 percent increase. The increase commenced in 2019 when the October list had 322 cases listed compared to the January October list for the said year which had 260.”

She stressed that no system is without challenges and the prosecution of charges is no exception.

The DPP noted that the summoning of witnesses to attend court and the summoning of accused persons who are on bail to attend court is the greatest challenge which State Counsel faces.

She explained that “People move from the addresses which they give at the time of the commission of the offence and so at times, by the time the case is ready for hearing, they cannot be located. Another challenge is the number of judges sitting in the criminal sittings.”

Further, the DPP pointed to the need for a bench book (guidelines) to be used by judges at the trials in these sittings.

She explained a bench book would provide standard directions which judges would use in the summing up and would reduce the need for appeal. In some cases, the appeal is being allowed because the defence was not fairly put.

According to the DPP, when defences are not adequately put by the judges at the trial this can be a ground for the Court of Appeal allowing an appeal and ordering a retrial.

She noted that “Retrials are costly to the State and puts a strain on an already overburdened system. The case has to be added on to the already long list.”

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• Criminal, DPP, High Court, Law, Shalimar Ali-Hack

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