No need for 200 bags of weed in court, says Sykes
MOUNTAIN SPRING BAY, Trelawny — Questioning the need for large quantities of physical evidence to be brought to court when a photograph would do, Chief Justice Bryan Sykes is urging greater reliance on technology to boost the efficiency of Jamaica’s court system.
He urged judges who are not making use of changes in the law to allow photo evidence to rethink their approach.
“If you have judges who are still doing this, then I need to ask them why? Why are you doing this? It is not necessary. What you’re going to do with 200 bags that you can’t do with a photograph? Unless you want to smell it and get high,” quipped the chief justice to an outburst of laughter from those in attendance at Tuesday’s first day of the Jamaica Police Federation 80th Annual Joint Central Conference in Trelawny.
He was speaking against the background of inefficiencies within the country’s court system. According to Sykes, while there have been improvements the data has shown that there are still areas of concern.
“We still have too many instances of adjournments because of incomplete files, disclosure, ballistic certificates outstanding, statements outstanding, scenes of crime certificate oversight, medical certificate, accused not brought, further statements outstanding, and investigating officer absence,” he said.
The chief justice argued that most of these documents are within the control of the police and can be sent [to the court] via e-mail or its equivalent.
“There is no necessity other than getting objects to the lab. I think that’s the only trip you need to make,” argued Sykes.
He said plans are underway to put in place an integrated electronic system that is connected to police stations.
“What we are planning to do in the justice system is to have a portal within the police station. All a police officer needs to do is turn on the computer, log in, upload the statement or whatever other information, and then click ‘Send’. That’s it,” Sykes explained.
While pointing to the gains to be made from harnessing tech, he was quick to note the importance of the human factor. He pointed to the role of judges in making Jamaica’s parish courts the most efficient in the region. It is their productivity, he stressed, and not solely the use of technology that has earned the country this accolade.
The chief justice also pointed to the impact that increased productivity of judges has had on the Court of Appeal. In 2022, he noted, for the first time in the country’s history there was a clearance rate of 112 per cent. The rate is an indicator of the efficiency with which cases are disposed of in comparison to the cases coming into the court.
Justice Sykes said the court was able to achieve this through shorter written judgements, increased oral judgements, and also the quick disposal of “ordinary” cases that do not require a written or oral judgement.
Sykes made the point that technological improvements, by themselves, are not enough to move the needle.
“For example, a few years ago, I think when it was the Honourable Dorothy Lightbourne was minister of justice and attorney general, she introduced significant technology in the courts — hardware, software — but the gains were not realised. About 20 years before that, there was a much earlier attempt to introduce modern technology in the courts, and it didn’t produce the desired result. So I have no problem with technology but the productivity of the judges is what has made the greatest significance there,” said the chief justice.
Turning his attention to calls for more courtrooms as a way to improve the efficiency of the justice system, Sykes maintained that the call is not supported by the data. On average, he said, most courts end by 1:00 pm, which equates to 65 per cent utilisation of the facilities.