Welcoming more live-streaming of court cases
It has been slow going, but Jamaicans who care to take notice will surely appreciate the efforts of Chief Justice Bryan Sykes and Justice Minister Delroy Chuck to enhance transparency in the judicial system by having select criminal and civil court cases live-streamed.
We recall that in 2018 Minister Chuck first revealed that discussions were being held to introduce live-streaming of select criminal and civil court cases.
Then, in September 2021 the opening proceedings of the Klansman gang trial were streamed live, so too the final summations and verdicts in 2023. Additionally, several judgments in other matters of high public interest have been streamed at both the Supreme and Appeal court levels.
Also, as Mr Sykes pointed out on Thursday — at the swearing-in of two judges to higher office for the Easter Term — the Court of Appeal had its first full broadcast in March this year as it adjudicated the case of Mr Cecil Moore vs the Crown, which decided an important point concerning sentencing, mandatory minimums, and the constitution.
“Going forward, we will be live-streaming appropriate cases. We want to do that both in the trial courts and in the appellate courts. It’s easier to do in the appellate courts, but we also want to extend that to the first-instance courts as a part of public education generally, and actually letting people see what happens in a court, and also reinforcing the right of access to the courts,” Mr Sykes stated.
The select cases, we are told, will be live-streamed on the Jamaican Judiciary’s YouTube channel.
We reiterate our support for the live-streaming of court cases as we share the view advanced by Messrs Chuck and Sykes, as well as a number of attorneys, that this will bring more transparency to the judicial system.
That it will also enhance accountability — one of the key factors in any serious attempt to increase confidence in the judiciary — is even more reason to embrace this development as it accords with the concept of open justice.
Additionally, as we have said before, it is in keeping with the constitutional requirement that “all proceedings of every court and proceedings relating to the determination of the existence or the extent of a person’s civil rights or obligations before any court or other authority, including the announcement of the decision of the court or authority, shall be held in public”.
While the law gives judges authority to make exceptions in specific circumstances, no one can reasonably argue against that provision as it provides protection in instances when publicity would pose a risk to national security, public safety and morality, or prejudice the interest of justice.
Another upshot of live-streaming is that it will improve the public’s understanding of how courts operate, and allow people to arrive at informed opinions on the issues before the courts, the judgments, and subsequent sentencing when cases get to that point.
The fact that some cases at Jamaica’s highest court, the Judicial Committee of the United Kingdom Privy Council, are live-streamed is another reason for the initiative to be fully embraced here, for as Justice Sykes has reminded us, “judicial independence is not a shield or immunity from scrutiny by members of the public or even the legislature or interested parties”.
Again, we commend Minister Chuck and Justice Sykes for their unwavering efforts to upgrade, modernise, and improve the country’s justice system. At the same time, we reiterate our appeal for a review and amendment to the section of the Gun Court Act that allows for cases before that court to be held in-camera, as it is inconsistent with the principle of open justice.
We don’t believe that a credible distinction can be made between Gun Court cases and high-profile trials involving gun murders from which the media and public have not been barred.