In his Tuesday night ‘Issues in the News’ commentary, Attorney General Anil Nandlall firmly stated that individuals facing criminal charges cannot attend court hearings virtually if they are outside of Guyana, stressing that this practice undermines the territorial nature of criminal jurisdiction.The shift to virtual hearings, which allowed legal proceedings to continue during the pandemic, has become a permanent feature of Guyana’s court system. It has proven beneficial, reducing the need for costly travel and allowing prisoners in remote facilities to participate in hearings through video link.However, Nandlall raised alarms over a developing trend in the magistrate courts. He noted that some defendants, having left the country for various reasons, are being permitted to attend court hearings virtually.According to Nandlall, this practice is problematic, as criminal jurisdiction is inherently territorial. He explained that a court can only exercise its jurisdiction over a defendant who is physically present within the jurisdiction of that court. “Criminal jurisdiction is territorial,” he said, adding, “A court cannot try you if you are outside its jurisdiction.”The Attorney General argued that if a defendant is abroad, the court cannot impose a sentence or enforce its ruling, as it has no coercive power over the individual outside its jurisdiction. He further explained that allowing defendants to virtually attend hearings from abroad could lead to a situation where individuals escape the jurisdiction, attend hearings remotely, and evade facing the full consequences of their actions. This, he stated, could significantly weaken the legal process.While Nandlall acknowledged that virtual hearings could work for defendants who are unwilling to appear in person, he made it clear that there must be a distinction between those who refuse to submit to the jurisdiction of the court and those who are simply absent for legitimate reasons.“Imagine if every person charged with an offence simply fled the country and continued attending hearings virtually. It would render the entire judicial system impotent,” Nandlall remarked.The Attorney General also addressed the procedural options available to the court in such situations. He clarified that if a defendant absconds or refuses to submit to the court’s jurisdiction, the law allows the court to proceed with a case in their absence.This could include issuing arrest warrants and considering the defendant’s absence as an indication that they are not willing to participate in their defence. In such cases, the court has the power to proceed and even deliver a sentence in absentia if it is convinced that the individual is deliberately avoiding their legal obligations.The post Nandlall objects to defendants appearing virtually for court cases while outside Guyana appeared first on News Room Guyana.