Justice denied
spotlight once again with criticisms that the lack of a court stenographer resulted in the collapse of a Crown appeal.
In the case, it was alleged that evidence given in court should have been deemed admissable -- but because there was no evidence of the statement in the trial judge's notes, the Court of Appeal essentially said it did not happen.
The problem centres on the fact that Supreme Court judges -- and Magistrates -- are required to write down every word of evidence in longhand. This then forms the record of the trial.
This is a laborious and time-consuming exercise, which unnecessarily drags out trials and causes a logjam in the court system. Indeed, one wonders whether the current -- and expensive -- construction of a new courtroom at Booth Hall would be necessary if a proper recording system in the Supreme Court was in place.
We can only hope that the new court buildings proposed for the corner of Court and Victoria Street will have a properly court reporting system. The alternative will be the absurdity of a 19th Century court system being administered out of a 21st Century building.
The more serious problem concerns cases like the recent appeal. Appeal courts and the lawyers for both sides rely on the judge's written notes as the record of a trial.
Bermuda's judges are qualified and able, but they are not trained court reporters. Nor should they be: they have greater responsibilities. They are required to keep good order, to make major rulings on evidence and the conduct of the prosecution and the defence and most importantly, they have to instruct the jury before it retires to come to a verdict.
For some years, the previous Government said it was looking into a proper reporting system and some progress was made before it fell. The new Government promised in its Election platform to do the same, although Legislative Affairs Minister Lois Browne Evans now seems to be suggesting that it is up to the Chief Justice, although it is our understanding that the judges support a reporting system and just need the money to implement it.
It would seem that the sensible approach would be to confirm how much the system and its administration will cost and to implement it.
Delays in due process and uncertainties about the accuracy of the court record mean only one thing -- that justice is being denied. Bermuda does not need that.