IN-CAMERA TRIALS

PRESENTED BY

CLLR. FELICIA V. COLEMANCHIEF PROSECUTOR/SGBVCU

MINISTRY OF JUSTICE

OUTLINE

1. OBJECTIVES

2. BACKGROUND TO IN-CAMERA HEARINGS/TRIALS IN LIBERIA

3. DEFINITION OF IN-CAMERA TRIAL

4. IN- CAMERA PROCEDURE

5. WHO IS ENTITLED TO IN- CAMERA HEARING?

6. CHALLENGES WITH THE USE OF IN-CAMERA TRIALS

7. WHAT HAS THE SUPREME COURT ABOUT IN-CAMERA TRIALS.

OBJECTIVES

• At the end of the presentation, the participants will achieve the following:

1.Understand the importance of in-camera hearing;

2.Acquire the knowledge in conducting a trial using the in-camera proceedings;

3.Identify the cases that will require in-camera hearing.

BACKGROUND OF IN-CAMERA TRIALS/HEARINGS IN LIBERIA

• VISIT TO COURTS WHERE IN-CAMERA TRIALS ARE HELD;

• PASSAGE OF THE NEW RAPE LAW;• PASSAGE OF THE LAW CREATING CRIMINAL;

COURT “E”( SEXUAL OFFENSE COURT);• ESTABLISHMENT OF THE SEXUAL OFFENSE

COURT;• CONFIRMATON OF IN-CAMERA HEARING BY

THE SUPREME COURT OF LIBERIA.

WHAT IS IN-CAMERA TRIAL?• Judicial proceedings conducted in a Judge’s

Chamber or in private, or away from the public with sealed records that maybe expunged;

• Behind closed doors for cases involving: (i) official secrets, (ii) Rape, other sexual offenses (iii) child molestation, (iv) juveniles,

IN-CAMERA PROCEEDINGS• After the Grand Jury determines there is

probable cause that a crime has been committed, a true bill is given and the indictment is sent to the Circuit Court, in Montserrado County Criminal Court “E”.

• A Writ of Arrest is issued by the Clerk of Court and served on the Defendant to bring him/her under the jurisdiction of the Circuit Court

• The Defendant is brought to the Court and arraigned to determine his/her plea. Guilty or not guilty.

IN-CAMERA PROCEEDING COND.

• If the Defendant(s) pleads guilty, a date is set for the State to present evidence or if a plea bargain is reached the procedure for a plea bargain agreement is arranged.

• If the Defendant(s) pleads not guilty, a date is set for the Trial.

• The State shall make disclosure to the Defendant.• A Pre-Trial Conference is held and all documents

that are not challenged by the Defendant are marked by the Court.

IN-CAMERA PROCEEDINGS COND.

• A date is set for the trial.• If jury trial is requested, the jury is selected.• The State produces its evidence. i. open statement; ii. each witness is directed and cross-examined under

the rules of evidence using the solicitation method; iii. State rests with the production of evidence.• The Defendant produce evidence if he/she so desires.

If the Defendant chooses to produce evidence, he/she begins by:

IN-CAMERA PROCEEDINGS COND.

i. Defendant make a open statement; ii. Each witness is directed and cross-examined

using the solicitation method under the rules of evidence;

iii. The Defendant rests with the production of evidence;

• The State may produce rebuttal evidence (produce evidence to rebut any evidence that was produced by the Defendant that is not true).

IN-CAMERA PROCEEDINGS COND.

• The State Makes a closing argument;• The Defendant makes a closing argument;• The Jury is charged on the law relating to

sexual violence and any other laws as requested by the State and the Defendant;

• The Jury goes to the room of deliberation;• When a verdict is reached the Judge is

informed and the jury returns to the court and the Clerk of Court reads the Jury’s verdict.

IN-CAMERA PROCEEDINGS COND.• If the State wins, the Defendant may except and

announce an appeal to the Supreme Court to review the proceeding during trial.

• The Defendant has to complete the appeal process within statutory time or the appeal could be dismissed.

• After the SCT. Hears the appeal, it may affirm the verdict of the jury, and modify the final judgment; affirm the final judgment or reverse the judgment and remand for new trial or release the Defendant.

OTHER REMEDIES FOR VICTIMS

• SECTION 25.3 (e) & (f) of the Act creating Criminal Court “E” Provides:

(i) The Court shall have authority to prohibit the publication of the names and addresses of rape victims;

(ii) The Court shall have authority to expunge the names of victims from the public records;

(iii)The Court shall have authority to grant interim relief to minimize risks to victims;

(iv) Where children are involved, the Court may place them in protective homes or custody.

WHO IS ENTITLED TO AN IN-CAMERA PROCEEDING

• Section 5 (a) of the Act to Amend the New Penal Code chapter 14 Section 14.70 and to provide for Gang Rape says;

“ The trial of all cases under section 14.70 shall be held in camera.

• Section 25.3 ©, Procedure of the Act Creating Amending Title 17 of the Revised Code of Laws to be Known as Chapter 25 Establishing Criminal Court “E” of Mont Co. and Special Divisions of the Circuit Courts of Other Counties provides that:

• “Except for cases of Rape, which under section 14.70 of the Penal Law

WHO IS ENTITLED TO IN-CAMERA PROCEEDING

are required to be held in camera, the trial of Sexual Offence cases may be held in camera where the alleged victim is under 18 years of age and the protection of the victim warrants an in camera trial; provided that other sexual offences trials may be held in camera where requested by the State and where the court determines that the victim or a witness warrants protection”.

CHALLENGES IN THE IN-CAMERA TRIALS

• There is only one court in Liberia with the facilities for in-camera trials;

• In-Camera Proceeding is new in the jurisdiction of Liberia;

• The procedure is new to lawyers, judges, Court Officers and the public;

( Let participants name other challenges).

WHAT DOES THE SCT HAS TO SAY ABOUT IN-CAMERA TRIALS

• The intent of in camera testimony is to PROTECT THE IDENTITY of a sex abused victim;

• The procedure seeks to remove the actual and psychological fears associated with a child abuse victim facing an alleged perpetrator;

• The law authorizes in camera trials when required by the State and where the Court determines that the victim or witness warrants protection;

• Intended to remove the grave prospect of easy identification with the risks of making the victim a community stigma and a subject of public scandal;

WHAT DOES THE SUPREME HAS TO SAY ABOUT IN-CAMERA TRIALS

• Liberian courts has a duty to remove the names of sex victims from the minutes of court to ensure strict confidentiality and non recognition of victims;

• A victim’s name shall not be a subject of public information and knowledge;

QUESTIONS AND ANSWERS

• THANK YOU FOR THE OPPORTUNITY TO SHARE MY KNOWLEDGE AND EXPERIENCE ON IN CAMERA TRIALS IN LIBERIA