On Tuesday 9 June 2020, Chief Justice Desmond Babatunde Edwards, is considering instituting a new technologically driven justice system with a virtual court to address the gaps that have been created by the Corona Virus.
Noting that the closure of the Courts because of COVID-19 restrictions, caused some people to be left out of the justice system, Justice Edwards said with the virtual court system such constraints could be minimized.
The virtual court he explained will not be the only court in operation, but would work in line with some portions of the normal court. “We know that there are people who cannot afford (the technology) so we cannot just go virtual in one go,” he maintained.
The Chief Justice said that the virtual system will be for both civil and criminal matters at the Magistrate and High Courts. He outlined that it would include, but not be limited to, all fresh matters (first appearances, arraignments etc.), applications for bail and/or application to vary bail conditions and any other matter in which there is a risk that a person may lose his or her liberty; applications for habeas corpus, preliminary investigations (committals), all cases in which juveniles are charged; matters under the domestic violence act 2007, Child maintenance matters, summary judgements and any other matter which can properly be dispensed with via video or audio link and more.
He said in respect of criminal matters where the accused is in custody, he or she will appear via video link from the correctional centre or the headquarters of the criminal investigations department or any other police station.
Further, that in order to ease the pressure on the correctional services and ensure that remand prisoners are kept as safe as possible during this pandemic, bail will be granted in appropriate cases.
He added that witnesses will appear via video link from a room designated as “Witness room” in the court building or any such other place authorized by the court, and that only counsel and judge or magistrate and court staff will be present in the court room.
“To ensure cases are speedily disposed of, once a matter has commenced it will be heard every day thereafter and will not be adjourned unless an adjournment is in the interest of justice and can be granted without causing injustice to any of the parties or witnesses,” he said.
He mentioned that all judgements will be handed down by email in converted PDF format to the parties, and the judgement will be sent by the IT department and published on the website.
A hard copy of the judgement, if needed, will be available for collection from the registrar of the court. Criminal appeal judgements will be handed down via video conferencing.
He said they’ve seen court systems operating the same way across the world and the Judiciary in Sierra Leone is just lending a leaf from them, and there are already rules that supports virtual court system in the FastTrack commercial court, “The more we use it the more we get used to it and the more we perfect it. If it works well it would be a system that would be left with us.”
