Judicial Service explores use of written witness statements
The Judicial Service is exploring the possibility of using written witness statements to expedite the trial of cases in the law courts.
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Already, the Rules of Court Committee of the Judicial Council has drafted written statement rules for further discussion and analysis before the Judicial Service would submit them to Parliament through the Attorney General and Minister of Justice.
At the annual Chief Justice’s forum to validate the draft in Accra yesterday, the Chief Justice, Mrs Justice Georgina Theodora Wood, called on all justices to make effective inputs into the draft before it was submitted to Parliament.
The forum was organised on the theme: “Expeditious Justice Delivery: The Role of Written Witness Statements.”
In April, last year, members of the bench, bar and other stakeholders in the judiciary met to deliberate on the feasibility of incorporating written witness statements and Alternative Dispute Resolution (ADR) in the trial process.
The aim is to make room for more transparency, the abolition of “ambushed trials” and make way for more fairness in civil litigations for parties to “place their cards face up on the table.”
Benefits of written witness statements
The use of written witness statements will enjoin parties in a dispute to exchange the statements for each to be fully aware of the strengths and weaknesses of their cases before the trial.
Justice Wood held the view that for speedy and effective justice, it was of utmost importance that the parties knew fully their adversary’s case before the case proceeded to trial.
“It is possible that once a party is fully aware of the strengths and weaknesses of the case, which they have seen, the greater the likelihood that the ADR will begin to enjoy a much healthier respect and pride in our jurisprudence.
“The sooner a party is aware of the strength or weakness of his adversary’s case, the more likely it is that the outcome of the dispute will be a just one, whether it is settled or tried,” Justice Wood said.