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Report: ‘inadequate’ recording devices in courts

The Island’s courts are struggling with “inadequate” recording devices and a lack of autonomy, according to the Annual Report of the Bermuda Judiciary.

The report, released on Friday, states that the main challenges facing the judiciary are administrative and institutional, and noted issues with court facilities, including those at the Dame Lois Browne Evans building.

“In a building dedicated and named after Bermuda’s first female lawyer and national hero, the Magistrates’ Court continues to share an impressive and modern purpose-built facility with other government departments,” the report states.

“However, the electronic recording system in Magistrates’ Court is so inadequate that it has created a serious impediment to the efficient processing of appeals from the Magistrates’ Court. The Supreme Court has had to ‘borrow’ court space there from the Magistrates’ Court for large criminal trials because the regular jury courtrooms located in Sessions House and the Old Fire Station building are simply not fit for purpose.

“The inadequacies of Session’s House from a security perspective were highlighted last year when a member of the Bar was viciously assaulted by an opposing litigant in the precincts of the court.”

The review also stated that the administrative autonomy of the judiciary falls below Commonwealth best practice standards, with constitutional arrangements remaining unchanged for more than 45 years.

“The judiciary does not have full control over its own budget allocation,” the document states. “There is no dedicated Court Administrator or CEO with executive authority to manage the entire court system. As a result, administrative and judicial staff members are subjected to an incipient creep and are forced to accept operating in an institutionalised state of chaos and exposed to unhealthy levels of stress as a result.”

While the document praises court staff for turning “straw into gold”, it warned that the issues facing the judiciary must be resolved or else it will become increasingly difficult to recruit and retain judicial officers, harming the long term health and stability of the courts.

The year in review stated that the Supreme Court dealt with 39 indictments in 2014 — five fewer than in 2013. Of those indictments, 20 ended with a guilty plea, eight by a guilty verdict and ten with an acquittal. The remaining four matters were discontinued.

In the coming year, the Supreme Court intends to upgrade its computer systems, while legislative changes will be required to expand and make better use of available technology.

In the Magistrates’ Court, stealing topped the list of offences dealt with, followed by cannabis possession, threatening behaviour and obtaining property by deception, but the number of offences all of those categories had fallen year-on-year.

The amount of money collected by Magistrates’ Court fell by around five per cent between 2013 and 2014 with around $8.49 million collected in total. While the amount collected in traffic fines rose from $1.78 million to $1.82 million, the amount collected in parking fines and criminal fines, civil fees and civil payments all fell.

The Mental Health Treatment Court Programme remains in its pilot phase, with legislation expected to be enacted early this year but has so far surpassed expectations according to the document.

“Programmes and services to this offender population has been more regular, there has been noted growth and development in participants and their compliance to treatment and key stakeholders are working more collaboratively,” the review said.

“Further, the incidence of further criminal activity among participants is almost non-existent. As the programme unfolds and is fully implemented with the supporting legislation, existing gaps will be addressed and services expanded.”

The report also noted the Magistrate Archibald Warner’s retirement as Senior Magistrate, the appointing of Senior Magistrate Juan Wolffe to the post and the death of former Chief Justice Richard Ground.