T&T abolishes preliminary inquiries in criminal cases

The Trinidad and Tobago cabinet agreed on Thursday to abolish the system of preliminary inquiries in the country as a first step to clearing the backlog of cases before then courts and giving accused persons a hearing within a reasonable time.

Justice Minister Herbert Volney made the announcement Thursday following the weekly cabinet meeting. 

He said “lethargy” would be replaced by “a new pre-trial procedure that...will honour the rights of accused persons while at the same time ensuring swifter justice.”

Volney said the next move would be to pass the bail bill to give effect to the new system by March 2011. He also promised to hold consultations with all relevant stakeholders, including the Chief Justice. 

However he stressed that there is an urgency for the implementation of the new system. “The time is now for action and I consider myself an action man...I did not leave the judiciary to continue the dialogue too much but to get the job done,” he said.

He said the measure would ensure immediate benefits, including a shorter time for prisoners in Remand Yard and a reduction in the deaths of state witnesses.

The former judge explained that a preliminary inquiry requires the prosecution to present sufficient evidence to warrant a criminal charge being laid and to enable a magistrate to commit the accused to stand trial before a judge and jury.

Volney said such a system anticipated "a necessary filtration safeguard to prevent unwarranted trials” and was never intended to cause unnecessary delays running into months and years.

Volney stressed that the preliminary inquiry in its existing form needed "radical" review and a new system based on robust case management that ensured early disclosure of evidence would leave no substantial reason for continuance of the preliminary inquiry.

He promised a “streamlined and abridged” new procedure to replace "the protracted and cumbersome preliminary inquiry procedure" that would allow for the transfer of indictable matters directly to the High Court "upon charge being proffered within days of the charge being laid."

The minister gave the assurance that the new system “will hold sacrosanct, the human rights of unconvicted defendants” who would be entitled to a bail hearing and to be admitted to bail.

“In this way, the State will not have to bear the financial cost of keeping persons who are unconvicted in the Remand Yard, which is a very costly exercise,” he added.

Volney also stated that the proposed initiative would also benefit witnesses who won't have to appear in court until the actual trial commences, meaning their evidence would only have to be presented once.

“And this will lead to a reduction in the incidence of intimidation, tampering and even culling of witnesses in the course of this wait for trials as presently obtains,” he said.