Attorney General and Minister of Legal Affairs, Anil Nandlall on Tuesday evening cautioned magistrates against the practice of conducting virtual criminal cases for defendants who have travelled overseas.
“That is not permissible,” he noted.
The AG explained that virtual courts were established during COVID-19 to allow for the continuation of trials without the need for prisoners to be transported from one location to another. In recent years, magistrates’ courts were commissioned in outlying regions to facilitate timely trials.
Using the virtual court setup to try defendants outside of Guyana is something which he said is concerning to the judiciary and the general public.
The AG explained that this must not continue since criminal jurisdictions are territorial and criminal courts can only exercise jurisdiction over individuals within the jurisdiction of the court.
“The court cannot exercise jurisdiction over you when you are beyond the jurisdiction of the court. If you are found guilty, the court can’t sentence you. The court can’t deliver you to the prison authorities, the court can’t exercise coercive jurisdiction and power over you because you are not within the jurisdictional reach of the court,” Nandlall stated.
He pointed out that this differs from a person refusing to appear in court or having fled the jurisdiction. In those cases, the cases can be tried in absentia.
Nandlall called on the judiciary to take appropriate action for such practices.
“I hope that process will be looked into and the appropriate actions taken,” he said.
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