Bermuda’s Court of Appeal is being urged to follow the UK’s lead by recording its hearings and making transcripts available to the public.A senior press officer for the Judicial Office in London told The Royal Gazette the Court of Appeal there followed a practice direction that “proceedings will be tape recorded unless the judge directs otherwise”.A second press officer said it was standard practice for hearings to be recorded and for transcripts to be made available for a fee.In Bermuda, Appeal Court president Edward Zacca can decide whether to record proceedings on the available CourtSmart system — and complaints have been made that he is opting not to do so in some cases.Three appellants, including businessman Dilton Robinson, told The Royal Gazette they felt disadvantaged by the fact that their hearings were not recorded.Mr Robinson complained to Government House that the Appeal Court would not allow access to court recordings and was told by Deputy Governor David Arkley in a letter dated November 8, 2011: “This is standard procedure not only in Bermuda but in courts in the UK also.”But the Judicial Office told this newspaper it was standard procedure for Court of Appeal hearings to be recorded and for transcripts to be made available.Senior press officer Michael Duncan said: “Civil Procedure Rule Practice Direction 39A.6 provides that proceedings, whether in the High Court or a county court, will be recorded unless the judge directs otherwise. The same practice is operated in the Court of Appeal.”The direction states: “Any party or person may require a transcript or transcripts of the recording of any hearing to be supplied to him, upon payment of the charges authorised by any scheme in force for the making of the recording or the transcript.”Mr Duncan said: “To get a copy of a transcript that already exists the cost is 34p [about 53 cents] per page plus VAT. If it hasn’t been typed up the cost is per 72 words but the cost varies and would depend on each case.”Mr Robinson, who is involved in a civil wrangle with HSBC, claimed the Deputy Governor’s response to him (which can be read in full by clicking on the .pdf link above) was misleading and questioned why Government House wasn’t prepared to press the Court of Appeal here to follow the UK.“Government House did not have the slightest interest,” he alleged.Mr Arkley said: “My response did not say that it was standard procedure not to record proceedings.“What I was trying to convey to Mr Robinson was that it is standard procedure for the court to decide whether or not to record proceedings, which appears to match what your research has provided.“If I have misunderstood Mr Robinson’s question, I would offer my apologies. I was trying to help him understand the situation vis-à-vis the rules of the Appeal Court in relation to the courts in the UK.“If I have misunderstood that the crucial part of the discussion was whether a recording should have been made or not then I apologise but I hold that my answer was in fact correct.“My response did not say that it was standard procedure not to record proceedings. What I said was that it is standard procedure for the court to be allowed to decide whether or not to record proceedings.”Another appellant, former civil servant LeYoni Junos, questioned why Bermuda’s Court of Appeal president was not made to follow the practice of the UK courts.She has previously complained about Mr Justice Zacca and fellow Court of Appeal judge Sir Austin Ward for allegedly ridiculing and insulting her in court.“This has to do with fundamental rights and natural justice,” said Ms Junos. “Currently, the president of the Court of Appeal can say anything he wants with impunity and has the self-appointed ‘discretion’ to make sure there is no proof that he said it.”Mr Arkley referred further questions about the procedures here to newly appointed Chief Justice Ian Kawaley.Mr Justice Kawaley, who stated recently that creating a modern process for hearing complaints about judges was a priority for him, said: “Under the Court of Appeal Act 1964, the president of the Court of Appeal lays down the procedure to be followed by that court.”He added: “The appropriate mechanism for handling judicial complaints remains under active review.”Mr Justice Zacca did not respond to requests for comment.Charlene Scott, Registrar of the Courts, said he was “aware” of the last article this newspaper did on the topic, adding: “I suspect that he will provide no comment on it.”Useful website: http://www.justice.gov.uk/courts/procedure-rules/civil/rules/pd_part39a#IDAJEVJC.