ODPP wants overhaul of witness case system

The Office of the Director of Public Prosecutions (ODPP) is calling for greater focus on witness care and increased resources to support thousands of them facing prolonged waits for their cases to reach trial.

Deputy Director of Public Prosecutions Janek Forbes made the appeal yesterday during the opening ceremony of the Michaelmas Term in the Home Circuit, pointing to the growing number of cases before the courts and the lengthy delays between the taking of witness statements and trials.

He shared that the ODPP, recognising the need and seeing the importance of ensuring that witnesses are better managed, took on a witness care officer three or four years ago.

“Needless to say, one witness care officer for thousands of witnesses is woefully inadequate.

“Therefore, we call on the powers that be to recognise the importance of witness care in the administration of justice and to ensure that the proper resources are in place,” he said.

Forbes said the Home Circuit currently has a list of more than 900 matters, potentially involving thousands of witnesses.

WITNESS CARE

He noted that the chief justice had earlier highlighted that, at the current rate, cases can take approximately three to five years from inception to reach trial.

“For those witnesses, between the point at which they give their statements to when they are called and required to come and give evidence, those matters which have to go to trial can take us anywhere between five, six, seven, and upwards years,” Forbes said.

He argued that the lengthy periods require a structured and sustained approach to witness care, particularly to manage witnesses’ expectations and guide them through the court process.

He pointed to the Los Angeles County Prosecutor’s Office as an example of a jurisdiction where witness care is handled by a dedicated and well-resourced section.

During a visit to the office last year, Forbes said he observed a system in which witnesses are managed throughout the life of a case, from its inception through to disposal.

“I believe it is opportune for us to consider that particular framework and move hastily towards a similar structure,” he said.

Forbes also stressed that the issue of witness care must be viewed within the wider challenge of court delays.

In the meantime, he said the Crown remains prepared to assist the judiciary and members of the Bar in ensuring that justice is delivered to accused persons, victims and citizens generally.

“We recognise that no one benefits from delays,” Forbes said, while noting that the handling of 900 cases in a single term presents a significant challenge.

He said the ODPP was prepared to deploy its case-management resources and responsibilities to help move matters through the justice system.

“That is our solemn undertaking for this term and for the foreseeable future,” he said.

tanesha.mundle@gleanerjm.com