Speaking on his weekly programme ‘Issues in the News’ Tuesday evening, Attorney General and Minister of Legal Affairs Mohabir Anil Nandlall said virtual hearings were introduced during the COVID-19 pandemic and have since become a permanent feature of the legal system.
Individuals were no longer required to travel long distances to attend court and as a result, there has been a reduction in the resources to transport detainees.
AG Nandlall pointed out that virtual courtrooms have since been established close to prison centres.
“They can appear virtually in a containerised environment and that virtual appearance will constitute an appearance for the purpose of the court. Lawyers appear virtually, Magistrates, Judges [and] even at the CCJ,” Minister Nandlall stated.
While this system is beneficial, legal issues have been raised regarding conducting criminal proceedings against defendants who are outside of the court’s jurisdiction. In other words, those who are abroad.
Minister Nandlall explained that if a person is facing charges, and for some reason, they were permitted to leave the jurisdiction, they cannot expect to remain overseas indefinitely and attend criminal proceedings virtually.
“This is not permissible in law,” the AG said.
If found guilty, the court would be unable to impose a sentence on the defendant or even place them into the custody of the authorities.
However, if an accused were to be granted bail, flees the country or refuses to present themselves before the court, the law grants power to the court to hear the case in absentia.
“In this case, a sentence can be imposed if the person decides not to come forward to defend him or herself in the court,” the AG clarified.
He appealed to the judiciary to permit accused persons to appear virtually only when they are in the jurisdiction of Guyana.
To enhance the services of the judiciary, the legal affairs minister said several Magistrate courts were recently commissioned including the latest in Mabaruma, Region One. (Department of Public Information)
