SENIOR Deputy Director of Public Prosecutions King’s Counsel Jeremy Taylor on Monday said he was “startled” at the fact that of the 982 cases before the Home Circuit Court for this term, 884 are cases brought over from the previous court term.

Almost half of those cases brought over are sexual offence matters ranging from rape (178 cases) to sexual intercourse with a person under 16 (137 cases).

Also included in the traversed cases are 325 murder matters, 17 conspiracy to murder, 12 manslaughter, six trafficking in person, 35 wounding with intent, seven forgery and conspiracy to defraud matters, 12 asset recovery, 37 possession of access device and identity information (scamming), 15 cases of causing grievous bodily harm, one child stealing case, three arson, one abduction, one kidnapping, one extortion and one gang matter.

A breakdown of the 982 cases for the Michaelmas Term showed that alongside the 884 traversed cases there were only nine new cases set for the opening day, while 64 new committals are set for dates throughout the new term, along with 20 matters for sentencing and five matters which were brought from lower courts via voluntary bills of indictments.

Addressing the official opening of the Home Circuit Court for the Michaelmas Term at the Supreme Court in downtown Kingston, Taylor said “the task is daunting”.

“Because of the number of cases our backs will have to be broad; we will have to have rhinoceros skin. And although it is an office mostly of females, we will have to have testicles. Milord, that is the position of the Office of the Director of Public Prosecutions; we did not wish to appear alarmist but the numbers cannot be interpreted in any other way,” Taylor stated.

The senior deputy director of public prosecutions (DPP), in the meantime, pointed to several measures which, if utilised by the defence bar, would lead to a considerable reduction in trial time.

Pointing to amendments to the Evidence Act which, among other things, allows for statements of certain witnesses to be agreed on by both defence and prosecution, making it so that the individual would not have to appear in court or take the stand, Taylor said despite the fact that arguments for such a provision had been strenuous, since enactment there has been resistance.

“Now that it has become law, we still find that in nearly every case the prosecution still has to bring a slew of witnesses — many of whom are not being cross-examined after evidence in chief is given. But when in Plea and Case Management Court and we [point out], ‘This witness is not controversial, this witness is not contentious… [the person is] basically a formal witness, just saying what happened, just identifying a body, we are told, ‘No, these persons must be called,’ ” Taylor said.

The senior deputy DPP was at pains to point out, in response to a question from Supreme Court judge Justice Leighton Pusey, that trial time being reduced in this way does not prejudice the accused.

“It does not, Milord, because his rights are not taken away from him to contend or to contest the statements that have been admitted,” Taylor declared.

He further urged members of the defence bar to also explore the benefits associated with bench trials (judge-alone trials), despite this not being seen as “fashionable” by some attorneys.

He said another method of shortening time spent before the courts on matters is to determine from early those cases which do not have to go to trial.

“Not every case needs to go trial. And I wish to remind my friends, especially my friends on the other side of the bar, that you are the lawyer in the relationship…lawyers can’t just hide behind, ‘I am a creature of instruction.’ Every case does not need to go to trial, and there are legislative enactments which provide a benefit to accused persons who plead and plead early. That is something I wish to urge on my friends,” the senior deputy DPP said.

Added Taylor: “There is no problem I would say, where we have come to the view that certain cases just cannot be continued and we…will take off the list those cases which, in our opinion, that we cannot mount a viable prosecution.”

Attorney Peter Champagnie, Kings Counsel, speaking on behalf of the private bar, said the points raised by Taylor were thought-provoking.

“I cannot help but agree to a large extent with what was said by my colleague. The numbers, indeed, are daunting. The private bar needs to take a very strong look at itself in terms of cooperation and in terms of representation, not just in terms of clients,” Champagnie said in also noting the poor showing from members of the profession at the opening session.