Legal professionals and court officials in Montserrat are now required to file criminal case documents online as part of efforts to modernise the judicial system.
The Eastern Caribbean Supreme Court (ECSC) introduced its e-litigation portal to the island in 2020 for civil and appellate matters in Montserrat High Court.
This expanded in 2023 to include the mandatory electronic filing of civil and family proceedings in the Magistrate’s Court, and now, in the final phase, includes all criminal cases.
A media briefing on the new portal module was held at Montserrat Cultural Centre in Little Bay on Monday, 2 December.
Dwaymian Brissette, information services and communications manager at the Eastern Caribbean Supreme Court headquarters in St Lucia, called it a “milestone event”.
“Since its inception, the ECSC e-litigation portal has revolutionised how the court provides access to justice,” he told attendees and those watching the live stream.
“With this launching ceremony, we are taking another step in improving access to justice across all the courts, member states and territories.”
‘A new era’
Chivone Gerald, vice president of the Montserrat Bar Association, described the recent development as representing “a new era for the legal profession”.
“This online portal is not just a tool, it’s a beacon of progress, efficiency and accessibility, designed to simplify the often complex processes we navigate every day,” she said.
Gerald said that in the past filing of criminal matters has been laborious, open to error and time consuming, but the profession is rooted in tradition, not bound by it.
“This portal embodies the principles of access to justice and accountability, ensuring that the court system is both responsive and resilient in the face of change.,” she said.
Kristen Taylor-Hilton, acting director of public prosecution, went on to speak of potential “drawbacks” of the online system such as the intermittent power and internet services in Montserrat.
She mentioned that the system may have growing pains as attorneys and unrepresented defendants learn how to file their own documents.
And she flagged the potential challenge of police officers who are expected to appear in court but have no access to the portal so may be unaware.
Taylor-Hilton went on to highlight several benefits of the portal’s services, such as a reduction in the amount of paperwork lawyers need to carry to court, and easy access to information.
Not to be feared
Chief Magistrate Vashti Chatoor explained that from 2019 to 2023 about 2,000 matters were filed in the Magistrate’s Court, 75% of which were criminal matters.
“The paperwork, as you can appreciate, is enormous, as is the cost and the possibility of errors occurring and documents being lost or damaged due to natural disasters,” she said.
With the new system, she explained that hard copies of complaints will continue to be filed with the Magistrate’s Court through the Office of the Commissioner of Police.
On receiving the complaint, the service bureau at the court will then place the documents on the portal and the defendant will be served.
The defendant will then give that document to their attorney, who will be able to access all other documents on the portal using an authorisation code.
Unrepresented defendants will not be able to add or retrieve documents from the portal, however they can hand documents to the service bureau, and it will be placed on the portal for them.
Meanwhile, both unrepresented defendants and members of the public can access the portal using the case number to view hearing dates.
Chatoor said the portal will have “teething pains” but insisted it should not be feared.
Significant benefits
Acting Attorney General Renée Morgan said Montserrat is the last of the ECSC members states to launch a criminal module in the e-litigation portal which is likely to have many benefits.
It will strengthen the public’s understanding of justice when documents are now being filed instantly, served instantly and stored in a format that’s accessible, she said.
She said it will also boost the public’s confidence in the justice system because documents will be retrievable and less susceptible to loss through human error or natural disasters.
“I also anticipate that it will significantly speed up the process of first instance hearings as well as appeals within the region,” she said.
Morgan expects the new system to reduce the anxiety felt by the victims, the accused persons, the jurors, their families, their schools and workplaces.
“It should mean that we can look to a day when our reasonable people believe, and even more than believe, are certain, that justice has been done and done quickly,” she said.
She concluded: “May the e-litigation portal move from strength to strength in its later iterations and be even better suited to serve these ends as we press on together in the pursuit of justice.”
‘Transparent and reliable’
Mario Michel, acting chief justice of the Eastern Caribbean Supreme Court, who delivered the feature address spoke of the success of the platform in member countries.
It has “successfully transformed what was a time consuming and resource intensive process of filing and serving court documents into one which is now efficient, cost effective, transparent and reliable”, he said.
Michel spoke of the many benefits of the system and thanked everyone involved in the modernisation of court processes over the past six years.
“I wish to emphasise that these technological advancements… represent more than mere technological upgrades, they are giant steps along the road towards a more effective and inclusive justice system,” he said.
It is also evidence of the court’s commitment to harnessing the power of technology to enhance the delivery of justice, he said.
He concluded by imploring all court users, litigants, lawyers, judicial officers and court staff to embrace the advancements with optimism and enthusiasm.
Statutory rules and orders for the filing of documents for civil and appellate matters in Montserrat were made and published in 2020.
Statutory rules and orders for the filing of documents for criminal matters in the Magistrate’s Court in Montserrat when possible were made and published in 2023.
Watch the media briefing in full below:
