The pandemic has created a huge backlog of criminal cases and it will take years to get back on track, a top lawyer has warned, urging for the use of technology in court sittings.
Addressing a webinar organised by the Chamber of Advocates, the university’s Faculty of Law and the Malta Law Academy, Stefano Filletti noted that COVID-19 had put off several cases – from those carrying a jail term of six months upon conviction, to trials-by-jury.
He asked whether it was time to revisit the idea of holding a trial in absentia, where an accused – such as in the case of a person caught in a country that is under lockdown and therefore cannot travel to Malta - is present virtually.
While the code currently allowed, in exceptional cases, a foreign witness to be present virtually, this had not yet been extended to the accused, he said.
Due to COVID-19, criminal court halls were practically empty and will remain so until the pandemic is over, he said, adding that once cases resumed there will be a “humongous backlog” and it will take years to get back on track.
His comments come days after three courtrooms were upgraded with webcams and monitors to facilitate court proceedings in civil cases by doing away with the physical presence of the parties in court. Another five will be ready by the end of next year. The facility is, however, not available to the public, who will need to be present in court to follow proceedings.
The Chamber of Advocates told Times of Malta on Wednesday that it has been calling for the embracing of technology by the justice system.
“There are other ways in which publicity can be achieved, such as live streaming of court sittings. The non-entry of the public during court sittings is, as far as we are aware, only a transitory arrangement during the COVID pandemic.”
Asked whether a virtual courtroom could be used in the criminal field, a spokesperson said that while the introduction of virtual courtrooms in civil proceedings was “relatively a simple process”, the criminal process was “somewhat more complex”, and required further consideration.
The use of technology was brought up several times during Wednesday’s webinar, which sought to understand the impact of COVID-19 on the legal sector.
One of the speakers, Ann Fenech, noted that the pandemic had kept shipping and maritime lawyers very busy.
Every action within the sector had had a ripple effect: the stoppage of production lines in China impacted the operation of container lines. The severe disruption in trade and earning potential led to a sharp decline in the carriage of goods, charterers not being able to pay their charter hire, and owners not earning enough from their ships leading to them being unable to pay their mortgages.
The closure of ports meanwhile seriously impacted crews, leading to a spike in suicides, and therefore claims by relatives, apart from numerous disputes under marine contracts of employment.
Maltese law featured substantially in disputes not only because the island straddled one of the most important shipping routes between Suez and Gibraltar, she said, but also because it had the largest flag register in Europe and the sixth-largest in the world.