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by video link in order to reduce costs of criminal trials.
Officially opening the Masvingo High Court Circuit yesterday, Justice Charles Hungwe said the proposed system will substantially reduce costs of criminal trials thereby saving public funds.
“There is a need for legislation permitting overseas witnesses to give evidence remotely by video link, which could also substantially reduce costs of criminal trials to the public purse.
“What comes to mind is the role that information communication technology can play in evidence capture, preservation and its eventual presentation during trial. Similar steps have been taken in other jurisdictions with apparently beneficial results,” he said.
Justice Hungwe who bemoaned the slow pace at which the High Court is clearing serious cases such as murder in Masvingo, however said there were many factors affecting justice delivery.
“The situation in Masvingo province has not improved despite commendable efforts by stakeholders. A lot still needs to be done as the statistics on the Judiciary Service Commission (JSC) show. Briefly in the last 12 months, a total of 110 cases were committed for trial at Masvingo High Court Circuit but only 23 cases were completed. There is therefore a total of 87 cases pending trial before the circuit,” he said.
Justice Hungwe said there were numerous challenges facing the justice delivery system in the country that people should not ignore.
“We should not lose sight of the fact that a combination of factors has led to this situation. There are financial, human resource and equipment constraints that go into crime reportage, investigation, and subsequent fair hearing trial requirement and therefore disposal of an individual case,” he said.
Justice Hungwe said there was a need for the use of advanced technology to curtail some costs that are incurred by the accused persons.
Meanwhile, Justice Hungwe said the cost of civil justice in Zimbabwe was a major threat to the ability of ordinary litigants to enjoy the right of access to the court, which is an element of the right to fair hearing in civil cases.
“The scope of civil legal aid is non-existent. Almost 20 years ago an English version of the much maligned United States contingency fee system was introduced in England and Wales and given the minker ‘conditional fees’.
“Backed by insurance, it permits lawyers in certain categories of cases to receive results-based fees avoiding the need for the client to pay up front legal costs.
“A similar arrangement could be introduced in Zimbabwe to allow deserving litigants access to justice,” said Justice Hungwe.
Online Reporter