Log In

Reset Password

Group demands reform for crucial court procedure

Justice delayed: the Bermuda Equal Justice Initiative said it is dedicated to fostering positive change within the legal system (Photograph supplied)

A pressure group has urged changes to the handling of disclosure in criminal trials, calling it “a cornerstone of justice” in need of improvement.

The Bermuda Equal Justice Initiative’s suggestions include hiring disclosure officers for the Department of Public Prosecutions to streamline the process.

A spokesman said: “Recent concerns raised by local defence attorneys Charles Richardson and Elizabeth Christopher, alongside Puisne Judge Juan Wolffe, highlight systemic failures in the timely and efficient handling of disclosure by the office of the Director of Public Prosecutions.

“Disclosure is not merely a procedural obligation — it is a cornerstone of justice.

“When delayed, it undermines public confidence, delays trials and jeopardises the fair administration of justice.

“Justice delayed is, indeed, justice denied.”

The call came after defence lawyers last week lambasted the Crown for failing to hand over important evidence on time, preventing cases from going to trial.

Puisne Judge Alan Richards, who oversaw the session, pointed out that prosecutors had 70 days to complete a summary of their cases — a deadline that had not been breached for most cases of the day.

The next day, however, Puisne Judge Juan Wolffe accused the DPP of disorganisation after the Crown struggled to cover a sentencing, pushing the case back another month.

A BEJI spokesman said that Bermuda’s problem echoed a similar situation in England and Wales.

He explained that several high-profile disclosure failures, trial collapses and a wrongful conviction had forced the UK Attorney-General to review the system’s efficiency and effectiveness in 2018.

The review discovered flaws in disclosure management, particularly for complex digital evidence.

The spokesman said that the review could serve as a model for Bermuda’s disclosure reform.

He added: “It has now been a decade since the Disclosure and Criminal Reform Act 2015 came into effect and, unfortunately, Bermuda is falling woefully short of international best practices regarding timely and efficient disclosure, which is essential to proper case management.”

The spokesman suggested the DPP hired officers solely to gather disclosure for trials.

He said that the practice in England and Wales had cut delays and ensured proper justice, while saving funds by avoiding unnecessary adjournments.

He added: “This practice has proven effective in safeguarding the integrity of criminal justice systems and is one that Bermuda must adopt without delay.”

The spokesman also recommended the courts create a centralised digital disclosure management system, to automate the tracking of deadlines and make sure materials were shared securely between the courts and their officers.

He added that the system could analyse metadata to find relevant evidence.

He emphasised the need for “enhanced training and accountability measures” for everyone involved in disclosure.

The group proposed mandatory annual training for prosecutors, defence lawyers and police officers to understand their obligations.

The spokesman said that this, coupled with penalties for persistent failure, would “uphold the integrity of the system and ensure justice is administered fairly”.

He said that failure to address the problems had surfaced before and pointed to the case of Julian Washington, who was wrongfully convicted of murder with flawed DNA evidence.

The spokesman added: “Such failures place immense strain on an already overstretched DPP and erode public confidence in the justice system.

“BEJI believes these reforms are critical to preventing further injustices and restoring faith in our institutions.

“This is not a legal or administrative issue — it is a matter of public interest that affects the very foundation of fairness and equality in Bermuda.

“BEJI remains steadfast in our commitment to advocating for these reforms and working collaboratively with all stakeholders to address the systemic issues that have persisted for far too long.

“The time for meaningful change is now.”

Questions were put to the Director of Public Prosecutions, but The Royal Gazette did not receive a response by press time.

A spokeswoman for the judiciary said: “The court is guided by the relevant legislation in respect of disclosure in criminal matters.

“The mechanisms employed by the DPP for disclosure is a matter for them as they undertake to meet their statutory obligations.”

Royal Gazette has implemented platform upgrades, requiring users to utilize their Royal Gazette Account Login to comment on Disqus for enhanced security. To create an account, click here.

You must be Registered or to post comment or to vote.

Published January 07, 2025 at 7:58 am (Updated January 07, 2025 at 7:26 am)

Group demands reform for crucial court procedure

Users agree to adhere to our Online User Conduct for commenting and user who violate the Terms of Service will be banned.