WITH jury trials on the cusp of resumption, president of the Jamaican Bar Association Alexander Williams is calling for priority to be given to “older murder cases” for which he says a backlog has been created during the pandemic years.

Jury trials were suspended in March 2020 when Jamaica recorded its first case of COVID-19.

Since then, the courts made efforts to get jury trials back on track, even sending out notices to jurors, but had to retract given unforeseen spikes in COVID-19 cases. In the interim, judge alone trials have gained popularity.

Now with the infection rate seemingly declining and the wholesale lifting of the pandemic restriction measures which had been invoked under the Disaster Risk Management Act (DRMA), Williams told the Jamaica Observer that it was now just a matter of time before jury trials resume.

“I am aware that the chief justice has already contemplated the resumption; as a matter of fact we had a recent meeting and provisions are being put in place for that resumption. This is prior to the prime minister’s announcement, and I suppose the prime minister’s announcement will make things a whole lot easier for the resumption of jury trials,” the Jaamican Bar Association president said.

The association, he said, is “particularly keen on that”.

“We hope to get back to normalcy as soon as possible because, of course, there are murder trials outside of the Gun Court which require a jury trial, and a backlog has been created. We are very pleased that we are now at this juncture, and I believe that the protocols that will be put in place will satisfy the public health imperatives going forward,” Williams told the Observer.

Said Williams: “I am hoping that at the resumption of jury trials we will prioritise older murder cases. I know that there is a backlog in the Gun Court as well but I think that priority should be given to older cases, to see to it that those cases get off the ground as soon as possible.”

In 2020 the Court Administration Division had indicated that the Gun Court was poised to become the first court in Jamaica to clear its case backlog by June 2021. A case is considered to be in a state of backlog if it has been in the system, without being disposed of, for more than two years .

During the opening of the Hilary Term of the Home Circuit Court in downtown Kingston in January, indications were that plans had been put in place for jury trials to begin then. However, given another sharp rise in cases the decision had been taken to wait a few weeks.

On Friday, asked if those “few weeks” are at an end, Williams said, “I get the impression that the chief justice has in mind, some part during the latter part of this term going into next term is what I understand, as to the timing. I don’t mean to be speaking for him but what he is trying to ensure is that the different protocols are in place before that happens, but I am expecting that very soon.”

The Government, on March 13, 2020, invoked provisions under the DRMA as the principal regulatory tool for managing the health crisis — ranging from curfews to lockdowns and social distancing measures.

Last Thursday the prime minister, making his contribution to the 2022/23 Budget Debate, announced that after two years of “dexterously balancing lives and livelihoods with executive powers under the DRMA” the Orders have been gazetted making it so that, effective Friday, March 18, 2022, the Order and all the measures will be withdrawn. According to Holness, while it is acknowledged that the pandemic is not over, its management must be mainstreamed into the general, normal management of public health safety and public order.

As such, he said some measures will be retained and incorporated into regulations issued under the Public Health Act instead.