Lawyers petition House for new court reporting system
Courtroom lawyers yesterday pleaded with MPs to bring Bermuda's justice system up-to-date.
And -- in a rare move -- they petitioned Government directly to call for the introduction of a proper court reporting system in the Island's courts.
New Bermuda Bar Association chairman Richard Hector said: "It may seem an extreme step -- but we felt it necessary because we're in dire need of a proper court reporting system in Bermuda.'' Mr. Hector also stressed: "Bermuda is in the Dark Ages. We are the laughing stock of any other civilised jurisdiction. It's time we moved out of the Dark Ages.'' And he warned that Bermuda faced losing out on major court cases and future business because of doubts over the efficiency of the legal system.
"If people don't have confidence in our judicial system, they won't litigate here,'' Mr. Hector said. "They will litigate elsewhere.
"And Bermuda will lose in a number of ways -- our image as a sophisticated jurisdiction will fly out the window.'' The petition -- signed by 180 lawyers, 70 percent of the profession -- was presented to the House of Assembly by Shadow Finance Minister Grant Gibbons.
He said: "The Bermuda Bar Association is looking for Government to make good on its promises to provide a court reporting system.
"This is a plea for the implementation of a modern court reporting system in Bermuda. It will allow the more effective and efficient reporting of evidence and also provide for a more just judicial system in Bermuda.'' Dr. Gibbons added that the previous Government had introduced the LiveNote system in a major fraud trial two years ago and the Management Services Department had since examined various reporting systems to see which was most suitable for Bermuda.
He said a pledge to do something to improve the recording of evidence had been in the Progressive Labour Party General Election manifesto and in its first Throne Speech as Government.
Dr. Gibbons added: "It is hoped by the profession that, by bringing this to the House -- which is quite a bold step, they will not only get talk about it, but action as well.
"My party would have followed through on this. And we're now simply asking them to follow through on their stated intentions.'' Mr. Hector stressed that his decision to approach the House of Assembly was not motivated by politics, but the good of the legal system in Bermuda.
"Quite frankly I would make a pact with the devil, if it would help our cause -- that's not to say Dr. Grant Gibbons is the devil,'' he said.
Mr. Hector added: "We perhaps should have done this sooner. We try to do things as quickly as possible.
Lawyers call for court reporting "But perhaps this was the best time to do it, when the House is not bogged down with other matters.'' Mr. Hector said two major civil cases -- BF&M and the Thyssen family dispute -- were currently taking place on the Island in two specially-constructed courtrooms with hi-tech reporting systems in place, paid for by the litigants.
He added: "If we didn't have court reporting systems, I think paid for by the litigants themselves, these matters would take several years.'' But he said while he backed the two new courts, he insisted the way it was set up, in privately-owned property, "left a bit to be desired''.
"While everybody supports this, nobody has gone beyond that to provide money for such a system,'' Mr. Hector noted. "What we thought we'd do is push at an open door, so to speak.
"We want to go a bit further and ask them to put their money where their mouth is.'' Lawyer Juliana Jack -- suggested with Mr. Hector and ex-Attorney General Saul Froomkin as members of a special technology evaluation committee -- added the creaking court system could wreck Bermuda's chances of becoming a world centre for money-spinning arbitration hearings as well.
She said: "In the volume we're trying to take, there wouldn't be room with the constraints we have now.'' Embarrassed: Richard Hector