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Court of Appeal to record cases

President of the Court of Appeal Edward Zacca

Proceedings in the Court of Appeal will now be recorded and made available to attorneys and litigants, Supreme Court president Edward Zacca announced yesterday.The issue came to the fore most recently in September when one litigant wanted to obtain the record of his Court of Appeal hearing last year. A land dispute had brought Robert Moulder to the Court of Appeal, and he had then wanted to appeal to the Privy Council in London.To help him achieve this, he attempted to obtain the records of the proceedings of his case. He could not get the copies he needed, and so started an online petition to push for them to be made available.The Royal Gazette has also reported that other appellants who have complained that they have been unable to get audio recordings or transcripts from hearings they were involved in at the Court of Appeal include former civil servant LeYoni Junos, businessman Dilton Robinson and members of Bermudians Against the Draft.They were all told by Court of Appeal staff in Bermuda that their hearings were either not recorded or were recorded, but tapes and transcripts would not be provided.Yesterday, Mr Justice Zacca said: ”It is the practice to record Supreme Court proceedings. Transcripts are required for the purpose of appeals in accordance with the rules of the Court of Appeal. There is no corresponding requirement for transcripts of proceedings in the Court of Appeal. However, after consultation with the Bermuda Bar Association, I have directed that all proceedings in the Court of Appeal shall be recorded with immediate effect.“Discs will be made available on request by the relevant litigant or attorney on payment of the requisite fee for the purpose of transcription by them.”The occasion was marked by the presence in the Court of Appeal yesterday of Bar Association president Delroy Duncan, vice-president Justin Williams and secretary Richard Horseman. Mr Duncan said the issue had been discussed at a Bar Council meeting, and they “fully support” the initiative.“We are quite happy that proceedings will be recorded,” he said. “And we would like to offer our support for this new change.”After the announcement, Mr Duncan confirmed that recordings of the proceedings will be helpful to attorneys and litigants preparing for appeals to the Privy Council.The Court of Appeal sits three times a year and hears appeals from Bermuda’s Supreme Court. Its decisions can only be overturned by the Privy Council.