Wednesday, February 3, 2010

CJ welcomes trial by judge alone

The Chief Justice of Trinidad and Tobago has welcomed plans for the government to introduce legislation to have trial by a judge alone as an option in criminal cases.

Ivor Archie believes it is needed in a small society where anonymity is almost impossible.

He said the situation in the country had deteriorated so much that it is now almost impossible to properly protect judges, witnesses and jurors.

He also suggested that there is mounting evidence that of attempts at jury tampering. He said the proposed legislation would allow a trial by a judge alone where there is credible evidence of previous or attempted or likely jury tampering.

Archie also expressed deep concern about security issue.

"We have been subjected to threats and, on occasion, attacks including fire-bombing. No question of status should override the imperative of ensuring that we are able to operate with our minds free of extraneous concerns," Archie said during an luncheon address at the Chamber of Commerce.

"The reality though is that in a country as small as ours and with finite resources, it is almost impossible to ensure anonymity or to maintain tight security around large numbers of people. Increasingly, this vulnerability is being exploited," Archie said.

Last week, Justice Herbert Volney imposed a 15-year ban on members of a jury after the panel returned a not-guilty verdict in a murder trial. The judge described the verdict as a travesty in the face of the evidence.

The Chief Justice told the business leaders that the Judiciary is doing its part "by ensuring we source the best talent possible, instituting further training and developing a code of conduct so that our cadre of judicial officers will be second to none when compared to any other part of the world."

He noted the approximately 60 magistrates have to deal with between 80,000 to 90,000 cases a year. That amounts to about 1,500 cases per magistrate.

He said the Judiciary is working with the government to get legislation that eliminates preliminary enquiries and allow cases to go straight to trial.

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Jai & Sero

Jai & Sero

Our family at home in Toronto 2008

Our family at home in Toronto 2008
Amit, Heather, Fuzz, Aj, Jiv, Shiva, Rampa, Sero, Jai