KEVON FELMINE
While today’s opening of the new law term promises to be a grand affair, some legal professionals are raising concerns about the justice system’s accountability and transparency, especially with the closure of the San Fernando Supreme Court for another year.
Court services in San Fernando continue to operate remotely or through scheduled in-person appointments at the Princes Town District Court, but only for criminal and family matters.
A judge, who asked not to be named, yesterday explained to Guardian Media that in some cases, people may need to present certain evidence in person. They noted that in virtual trials, judges lose control over evidence, since they cannot send a marshal to someone’s home or lawyer’s office to ensure they are not being coached.
From a transparency standpoint, the judge pointed out that in open court trials, the public can attend and observe the behaviour of both litigants and judges. However, with virtual hearings, citizens—including the media—must request permission from the trial judge to access a video link.
“The High Court has been shut down for two years, no in-person civil hearings, yet we are having this big, swanky opening without properly addressing the public’s needs for justice,” the judge said.
In an internal memo dated August 18, 2023, from the Court Information and Protocol Unit, judicial officers were informed about the closure, which began on August 21, 2023. The closure allowed for critical refurbishment work. The work was expected to take 12 months, with judges scheduled to return this month.
The memo stated, “There are many changes anticipated with the implementation of the Administration of Justice Indictable Proceedings (Amendment) Act, 2023. Improving our infrastructure is just one of the required changes. The Judiciary of Trinidad and Tobago is undergoing rapid transformation within the criminal justice system.”
In response to judges’ requests to use the Princes Town court for civil trials, Chief Justice Ivor Archie advised that only five courtrooms were available and already reserved for Family Court matters. He emphasised that in-person hearings for High Court criminal and district court cases were prioritised, and those rooms were oversubscribed.
“If you insist on an in-person hearing or trial, you are advised to reserve one of the courtrooms in Tower D at the Waterfront Judicial Centre,” Archie wrote.
He also reminded judges to use virtual hearings unless justice could not be served without in-person proceedings.
In August, a senior member of the Judiciary informed judges that project delays due to the scope of work and costs meant the San Fernando court would likely remain closed until the last quarter of 2025. Therefore, the temporary arrangements were to continue.
Contacted for comment yesterday, Justice Frank Seepersad said all courts should be open and fully functional.
Seepersad said open and transparent justice is critical to democracy, adding: “It is hard to justify a ceremonial opening of the law term when so many courts remain closed.”
Seepersad also highlighted the limitations of virtual courtrooms.
“All citizens and the media should be able to access an open court trial at any time. Currently, access to virtual courtrooms is at the discretion of the judge, which is unacceptable. No in-person civil trials have taken place in Princes Town for over a year due to space issues, and it is unreasonable to ask southern-based litigants, especially those from Cedros or Rio Claro, to travel to Tower D in Port-of-Spain for an in-person trial.”
Assembly of Southern Lawyers president Saira Lakhan wrote to Chief Justice Archie on August 16, requesting the use of the Princes Town court for civil trials. Lakhan explained that many litigants and attorneys with cases originating from the San Fernando Supreme Court, or with parties based in South Trinidad, have asked for in-person trials.
Lakhan wrote, “The closure of the San Fernando High Court continues to have a significant negative impact on the administration of justice for practitioners and litigants in the southern region. The San Fernando High Court has traditionally been a crucial venue for resolving a wide range of legal matters, including civil and criminal cases.”
She also pointed out that the proximity of Princes Town to San Fernando makes it a more practical alternative than the Waterfront Complex in Port-of-Spain.
While the Chief Justice’s Secretary acknowledged receipt of the letter, Lakhan saidh e is yet to respond to their request. Guardian Media reached out to the Judiciary about the concerns expressed but efforts to get a response were unsuccessful.