Video link for overseas witnesses could help deliver speedy justice
Overseas experts may soon give evidence in court by video link from their home countries — thus speeding up the justice process.
According to Director of Public Prosecutions Rory Field, such technology could also be used for vulnerable child witnesses, to spare them the ordeal of attending court.
Along with that potential solution, Mr. Field also revealed yesterday that he hopes a special "witness unit" will get up and running this autumn, to provide practical and emotional support.
"I've advocated for witness protection ever since I got here, particularly witness support.
"That's the direct assistance to victims and witnesses who either don't really understand the court process or are scared by it, as against the expensive protection where you can get to the point of permanently relocating them. We've concentrated on what you could call the softer end, which also includes vulnerable witnesses," he explained.
"I'm happy to say that there's been a lot of interest and I think something's going to happen in the autumn.
"It's not totally within my remit as it involves extra personnel, an extra budget and some premises so, it's therefore a decision at a political level (but) everyone knows it's a good idea and I would like to think that in the autumn there will be premises.
"People managing that premises can go and give the witnesses advice and tell them what it's like to go to court and generally give support. It's the beginning of something really tangible."
In late May, the heads of witness protection from Trinidad and Tobago and Jamaica came to Bermuda to give a presentation on their approach, in a visit under the auspices of the Attorney General.
"They were focused more on the harder end (of witness protection).
"We have to look at the whole thing, but my recommendation has always been 'let's start with witness support because it's cheaper, it's simpler, it can be done in Bermuda without agreements between countries, and then let's build from that'," said Mr. Field.
In terms of expert witnesses, he noted that it is impossible for an Island of just 65,000 people to have all the experts needed to give specialist evidence in court. The consequence is the time-consuming and expensive process of flying them in.
"With forensics experts, not only do we have to bring them in to do the examination of the crime scene, we then have to bring them back for the trial.
"It's that second bit I'm trying to answer. What I've been suggesting is that we set up something whereby they can give their evidence by video link into court from that foreign jurisdiction. That's something that's being seriously looked at," he said.
"Not only would it resolve a lot of logistical problems, it could also work for people to do video links from the prison and it could also work with witness support.
"If they have a vulnerable child witness they don't have to come into the courtroom.
"This is easy and really do-able. There are other countries that have done it and been successful at it."
Exchanging ideas with other countries is something that Mr. Field strongly advocates, and he has recently been instrumental in setting up a Caribbean regional association for Directors of Public Prosecutions.
With funding from Canada and the Commonwealth Secretariat, the association held its first conference in Jamaica in February.
"It will provide a basis for communication on money laundering cases, for instance, proceeds of crime asset seizures and cross-jurisdictional criminal offences where we need to have good co-operation.
"It will also look at standards, training and witness protection. It's a very good platform for us to pass on information," he said.
Trinidad will host the 2009 conference, then Bermuda the following year.
