AG outlines successful new measures to protect child witnesses
A special measure to pre-record evidence from child witnesses in court trials was used for the first time last year, the Attorney-General said Monday.
Kathy Lynn Simmons, who is also the Minister of Legal Affairs and Constitutional Reform, added that professionals agreed the process meant young people were treated with “dignity, respect and compassion”.
The method came after the Child Safeguarding (Miscellaneous Amendments) Act was passed in 2019.
Ms Simmons told the House of Assembly: “Part 5 of the Act, which specifically makes provisions for special measures for child witnesses in criminal trials, came into operation on July 15, 2022.
“Consequently, Bermuda today fully meets the requirements of the Lanzarote Convention, or the Convention on Protection of Children against Sexual Exploitation and Sexual Abuse.”
She explained that one of the measures available was the pre-recording of a child’s evidence, done for the first time in Bermuda last November.
Ms Simmons said: “In that instance, a young victim under the age of ten gave their evidence in the Justice Subair Williams’s chambers, where it was recorded for later use at trial.
“Present in the judge’s chambers as the evidence was recorded were presiding judge Justice Subair Williams; the Director of Public Prosecutions, Cindy Clarke; defence counsel, Elizabeth Christopher; a witness care officer from the Department of Public Prosecutions; a court-appointed intermediary; and the court clerk.
“Including the child witness, there were seven persons in total.”
She added: “All of the attorneys’ questions put to the child witness were pre-vetted by the intermediary to ensure that the questions were suitably age-appropriate.
“The defendant was not allowed in the judge’s chambers during the recording of the evidence.
“Rather, the defendant was located in the courtroom, with an audiovisual link provided for them to observe the child’s evidence, as it was collected in real-time.
“Great care was taken to ensure that the defendant could communicate with their legal counsel privately; and that the child witness was not able to see, nor hear the defendant during the process.
“Additional ‘soft-touch’ accommodations included the absence of official courtroom attire, such as wigs and gowns.
“In fact I am told that everyone physically present in the judge’s chambers wore something pink – an ode to the child witness’s favourite colour.
“Whilst the evidence of the child was of the most personal nature, as it was in reference to circumstances of serious allegations of sexual exploitation, the tone, language and flow of the interview was kept light, moderate and even-paced by all concerned.
“Demonstrably, the focus was on the wellbeing of the child without compromising the quality and reliability of the evidence.
“On final review by the professionals who participated, they would concur that the process ensured that the child was treated with dignity, respect and compassion.”
Ms Simmons said the evidence was played to a jury during a Supreme Court trial at the end of last year, when the defendant was unanimously convicted.
She added: “We can all breathe a sigh of collective relief in knowing that justice was truly served in this case without having the court environment contribute to re-traumatising the witness.
“This child witness was never required to confront the defendant, nor was he/she obligated to testify in the intimidating courtroom setting in front of the adult jury.
“The defendant faces sentencing next month, and the prosecution is confident that this was a secure conviction, made possible because of the use of the special measures provisions.”
The process was used a second time earlier this year.
Ms Simmons said: “The Government has been unfaltering in reforming our laws to ensure adequate safeguarding of our children, and guaranteeing that new child safeguarding laws are effectively implemented and operationally successful.
“To that end, budgetary resources via the Department of Public Prosecution’s 2022-2023 vote were properly used to procure 20 iPads for the very purpose of pre-recording and playing child evidence.”
• To read the minister’s statement in full, click on the PDF under “Related Media”.
