ONE High Court judge is adamant that access to justice in his court will not be 'fettered or restricted' even as the Judiciary remains on an alternate-day roster despite new practice directions allowing in-person matters to take place.
Justice Frank Seepersad said it was hoped that 'common sense will prevail' to effect a change in the current administrative arrangements for judges and their staff to see them accessing court buildings more frequently as opposed to every other day.
'But if it is not, this court will fearlessly defend the independence of this office.'
Seepersad also warned that the current arrangement can result in trials that exceed a day, being in jeopardy if the court was denied the requisite administrative support.
He made his opinions known on Friday as he addressed attorneys before the start of a series of pretrial review hearings and a civil trial.
He said he held the view that the interests of justice will best be served by in-person hearings as opposed to virtual trials.
'This position is of course subject to legitimate concerns and restrictions with respect to witnesses' availability and health concerns.
'That having been said there seems to be administrative interference with the court's ability to conduct its trials.'
He said with there being a team A and a team B roster, he has only had access to the Hall of Justice two days a week and two days at the San Fernando High Court.
Seepersad said the alternate-day roster was in place before March 11 practice direction which now allows for in-person trials and jury trials.
However, Seepersad said it appeared the practice direction' may have been issued without engaging a practical and comprehensive review of the appropriate administrative adjustments.
'The continuation of rostered-court access practice is impractical, untenable and inconsistent with the practice direction.
'Clarification and rectification of this issue have proved futile, and the continuation of the administrative practice results in a circumstance where a court will not be able to engage in two consecutive days of trial in the same court building.'
He said while most civil cases were completed in a day, a judge had the right to determine the days that trials will be held in Port of Spain, San Fernando or Tobago, pointing out that the practice is that a matter is heard in the jurisdiction in which it has been filed.
'The lack of practicality is pellucid when one considers that most criminal matters last several days, so is it expected that judges and jurors will have to constantly alternate between San Fernando and Port of Spain? A continuation of the roster system would mean that criminal trials in Tobago would be continued every other day.'
On March 11, Seepersad said courtrooms belonged to citizens and those unable to access technology should have access to court buildings.
'It must not be lost that there should always be a human face to justice and we cannot allow the existing technology to replace the need for empathy which is best add
