Social-media posts are impacting the island’s criminal justice system, derailing trials in some cases, a judicial officer said yesterday.

Cindy Clarke, Director of Public Prosecutions, said last year and as recent as yesterday morning, trials were affected by posts made on social media.

The issue came up at a special sitting of the court at the Dame Lois Browne-Evans Building which was presided over by Larry Mussenden, the Chief Justice.

Andrew Murdoch, the Governor, David Burt the Premier, and Kim Wilkerson, Attorney-General and Minister of Justice, were among invited guests at the session which marked the start of the new legal year.

Ms Clarke said: “These posts and the people who post them are effectively attempting to pervert the course of justice.

“It does not help the defendant, it does not help the victim. All it does is that it makes it difficult to find an impartial jury.

“It erodes the bedrock of the criminal justice system.”

Ms Clarke said the issue may require a “serious conversation” during judicial reform discussions, and she added: “None of us, I think, thought of that, but that is the reality in 2025.”

During her presentation, the DPP listed concerns about space at the court and its effects on the effective running of the court system.

She said since Court 1 at the Dame Lois Browne-Evans Building is reserved for Supreme Court trials, the Magistrates’ Court has been “displaced”.

She said: “Effectively, we are out of the frying pan and into the fire,” and she noted that the backlog in cases has now been moved to the Supreme Court.

She said the situation has resulted in criminal trials being heard only on Mondays, Tuesdays and Thursdays at Magistrates’ Court.

She said from other presentations made at yesterday’s event, the situation is likely to remain the same for the rest of the year.

“We make do; it is what we all do,” she added. “The criminal bar is always been asked to make do.”

However, she said concerns are often raised by equal justice advocates about delays in trials and she added that appeals are made — successfully in some cases — on the grounds of delay.

She said the “obvious solution” for the Supreme Court in certain types of cases — in particular those which involved children — is to allow trails to start and sit on successive days until they are finished.

However, she said Magistrates’ Court cannot sit on successive days and she added: “So we need more space, that is it, full stop.

“We need more space to do the people’s work.

“Realistically, we need at least two more courtrooms.”

Ms Clarke also raised concerns about security at the court and the safety of lawyers.

She said last year there were fights outside the precincts of the court where lawyers were “injured, denigrated and insulted by people in attendance”.

She said some lawyers were also threatened in their homes and she added: “We enter these courts through the same doors as the people we are prosecuting. And those same people who would be upset with the defence counsel when the judgment or the verdict does not go their way.

“But I’m asking this court and those who have ears to not wait for bloodshed before they sort out our security. It is time to have serious look at security.”

As regards space issues faced by the court, Mr Justice Mussenden said last year he spoke of collaborative efforts between the court and the Ministry of Public Works to renovate parts of the Dame Lois Browne-Evans Building.

He said the Government had set aside funds for the works but he noted that works have not progressed as expected.

He told the court: “It is certainly my hope that the renovation work can start this year so that we can have some relief from the problems that you’ve heard about.”

Puisne Judge Juan Wolffe said that the judiciary addresses “the most complex, delicate and emotionally draining” matters.

He highlighted the efforts of prosecutors and defence counsels whom he noted look out for the “legal, psychosocial and emotional” interests of the people.

He told the court that credence is often given to justice advocacy groups without first seeking those who work in the “trenches”, fighting for justice.

Mr Justice Wolfe, the supervising judge of the court’s criminal division, highlighted the efforts of the “true guardians of justice”.

To this end, he listed the efforts of personnel at the Office of the DPP, the Bermuda Police Service, the criminal defence bar, the Department of Corrections and probation officers from the Department of Court Services.

He added: “The fundamentals of the criminal justice system are sound and our foundation of justice is strong. We would do all that we can and all that is necessary to ensure that that continues.”