BitDepth#1441
Mark Lyndersay
IN 2017, THE Office of the Prime Minister (OPM) published a statement announcing the abolition of the system of preliminary inquiries.
The OPM argued that, 'With an estimated 142,000 cases coming before the magistrates' courts annually, the system is stretched beyond capacity. The court is staffed by a mere 50 magistrates who, some will argue, are unrealistically tasked by the current system.'
Speaking at the opening of the 2021-2022 law term, Master Christie-Anne Morris-Alleyne noted that more than 150,000 new cases are filed each year to be heard by 111 judges, masters and magistrates.
It took more than a decade for that change, the Administration of Justice (Indictable Proceedings) Act, 2011 (AJIPA), to become law. Since December 12, 2023, cases deemed to be indictable - those which cause harm, including murder, wounding with intent and arson - will be tried in the High Court under the new digitally enabled system.
Prior the establishment of the new system, indictable cases were first evaluated at a district court before being sent for trial by the Director of Public Prosecutions.
The indictment could only be filed by the DPP after committal proceedings were completed in the lower court, a process that might take years. Only then would the case be moved to the High Court for trial.
This process of preliminary inquiry introduced significant delays to the legal system, as well as other issues impacting the quality of justice, including the deteriorating integrity of witness recall over time, the availability and condition of evidence and the potential loss or misplacing of case-related information.
In replacing the system of preliminary inquiries, the judiciary was challenged not just to make the process more efficient, but to make it more robust and transparent, ensuring greater fairness in cases that represent the highest level of criminal judgement in the TT legal system.
In 2017, the judiciary began to implement its 'e-strategy,' the digitalising of its existing hard-copy records and digitising of its manual operations.
In 2020, covid19 pushed that project into higher gear, as a desirable goal became an urgent requirement with the forced introduction of virtual hearings throughout the justice system.
Under lockdown, case presentation systems were introduced, payments were made online and documents uploaded.
Virtual access customer centres were introduced for members of the public without digital resources.
The heart of the district court evaluation process in a preliminary inquiry has been collapsed into what's now known as a sufficiency hearing, overseen by a master of the High Court, who examines witness statements, evidence filed by both sides and decides whether there are grounds for the case to progress to the High Court.
If a prima facie case is established, an indictment by the DPP quickly moves the case forward for the consideration of a judge. If the master dismisses the case, the DPP can appeal the decision of the master.
The s