Judge: ‘Let those who have ears to hear, hear’

In a rare move, a seemingly frustrated High Court judge on Friday issued a stark complaint from the Bench that inadequate resources are impeding the court’s work, urging immediate technological upgrades to prevent further delays in critical trials such as the ongoing rape case involving MP Neil Rowe.

Justice Pamela Beckles took the time to make the call for “a proper upgrading” while presiding over the rape trial of the government backbencher. This followed Principal State Counsel Olivia Davis informing the court that one of the prosecution witnesses – a medical doctor – was overseas and would not be available to give evidence before April 22.

What appeared to have prompted Justice Beckles’ complaint was Davis’s statement that the witness would not be able to testify virtually. A court officer then suggested that using the platform would not be advisable as reception through the court system would likely be inefficient.

Insisting that “we want this finished before the 22nd”, the judge instructed the prosecutor to find a way to have the witness testify using modern technology before that date.

She pointed out that Court Number 2 of the Supreme Court, where she is hearing the rape case, must be made available to Justice Carlisle Greaves for his scheduled matters “before he goes off”.

Defence counsel Michael Lashley SC also informed the court that he would be in Saint Lucia from April 21 to 23 and that his associate, Safiyah Moore, would be in the Court of Appeal on April 22, making them unavailable on that date.

Justice Beckles ruled that if all efforts to obtain evidence via the virtual platform failed, “we will have to work with what we have. We can’t keep pushing back matters. We have to get with the times”.

She said: “The courts need a proper upgrading with respect to computer technology. I am assigned to Court Number 5. I am currently working in Court Number 2. Court Number 5 is down. The technology is not working in Court Number 5.”

The high court judge complained that while “it is one of the biggest and nicest courts, Number 5 is not working because the technology is down… I am here ‘scotching’ in Court Number 2, and sometimes when the substantive judge for Court Number 2 comes, then I have to start a little later in the day.”

At one point, she responded to a comment from Lashley about a “perfect person” who could address these issues — Minister of Home Affairs Wilfred Abrahams, who was about to enter court to give evidence in the case.

“Whoever wants to relay the information to him could relay it,” Justice Beckles declared. “But we need the technology in the courts upgraded.”

She complained that court reporters were unable to hear defence counsel, prosecutors struggled to hear witnesses, and witnesses had been forced to switch between microphones.

“We have all of these televisions,” she added, “and [yet] the court [is] not being able to use that technology. We have had to resort to photo albums and carry them up to jurors when we have all these television screens here that we thought we’d be able to use. We can’t use [them] because they’re not working. This is 2025; this is not good enough. This is not good enough, and it is slowing us down.”

The judge argued that some witnesses were willing to provide evidence virtually but faced difficulties due to unreliable systems.

Justice Beckles also bemoaned how staff reporters struggled with audio issues when the virtual platform was used because it kept “dropping in and dropping out”.

“If they upgraded the system, maybe things would be a lot better,” she said. “So let those who have ears to hear, hear. That’s all I can say. I can’t do anything more. I will only work with what I have, which is every blessed day that I come here for over 30 years.” 

emmanueljoseph@barbadostoday.bb