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Pettingill critical of video hearings

Opposition Sen. Mark Pettingill yesterday blasted Government's plan to hold certain Magistrates' Court hearings via a video link-up before having verbatim reports.

And Sen. Pettingill, a defence lawyer, abstained from voting for an amendment to the Indictable Offences Act which would install video equipment in a courtroom and at Westgate Correctional Facility.

Government Sen. Michael Scott claimed this would save between $35,000 to $40,000 a year in salaries and overtime for prison officers tasked to accompany remand prisoners to court for "rollover'' appearances every two weeks until their trial.

Rarely do the hearings last more than a minute, Sen. Scott explained.

Sen. Scott explained that the Act provided for the installation of two systems at $72,000 each to link the two sites.

"The fact of the matter is we need to streamline this process and the administration of justice,'' Sen. Scott, who is also a lawyer, said.

"Allowing access to the court by video conferencing for mention hearings does not remove representation before the courts.'' But Sen. Pettingill launched into the bill, saying: "I am dumbfounded! This is typical of the putting on of gloss on by this Government. It's putting the cart before the horse. Logistically it will be a nightmare.'' Sen. Pettingill complained that although there may be cost savings for the Prison Service, the costs to the legal aid system would rocket upward because lawyers would have to spend more time at the Ireland Island prison.

And he said more savings could be had by cutting down the length of trials by having instant court reporting, rather than judges writing notes in longhand.

"Let's spend the $140,000 on the taping of interviews in the Police station,'' he said. "Let's do something about the Supreme Court holding cells.'' Sen. Pettingill also challenged what would happen if a defendant changed his mind or said something prejudicial while on camera.

"How are you going to deal with this evidentially?'' he asked. "Or are you going to present the videotape in a PI (preliminary inquiry).'' Magistrates' Court hearings never go as planned, he said, citing a "complicated'' diary system.

Magistrates themselves often handle both criminal and civil trials and often are willing to switch gears in the middle of a trial.

"I am flabbergasted and frustrated as someone who is in those courts every day,'' he said. "All I can do is plead with the Government that they will have a court reporting system in place before going ahead with this.'' Government leader in the Senate Milton Scott struck back however, saying plans had been laid for court reporting, and said the Indictable Offences Amendment was not something that "popped out after November 9, 1998''.

"All we are saying is it gives an option to a remand prisoner to come down or not,'' he said.