AT least one High Court judge has expressed concern at the Chief Justice’s decision to shut down the courts because of the rising number of covid19 cases and a burnout of court staff.
Some attorneys support the measure but want clarity on certain matters, in particular bail.
On Tuesday, CJ Ivor Archie issued amended practice directions which suspended hearings and sittings – both in-person and virtual – of all courts until June 30, unless deemed urgent.
There were exceptions: domestic violence cases; maintenance applications; urgent custody applications; detention of cash matters under the Proceeds of Crime Act; matters under the emergency powers regulations; and charge matters.
The suspension also applies to all judiciary virtual access customer centres (VACCs), except in instances where a witness has been deemed fit for hearing during this period.
Already the police have expressed concern. They say a change in locations where virtual hearings are held could put them at further risk of being infected.
On Thursday, outspoken judge Frank Seepersad said the CJ’s decision was taken without consultation. Shortly before deeming a malicious prosecution trial urgent, Seepersad said he had previously settled his trial list for the period covered in the practice directions, and they were all going to proceed virtually as the parties involved in the cases agreed to go on with the cases.
Last year, when the pandemic was declared, Seepersad objected and warned of the impracticability of virtual trials.
On Thursday, he said unrestricted access to justice was a fundamental pillar of a democratic society.
“The pandemic notwithstanding, our responses must not be disproportionate. When a measured analysis is engaged it is reasonable to conclude that a virtual trial, where every lawyer, court staff member and witness is safe at their respective remote locations, and where the lawyers are prepared to proceed, poses absolutely no health threat.”
He said in the unlikely event staff were required to be physically present at court buildings for administrative issues, those numbers would be minimal. He said prudent management could be employed and heightened precautionary and sanitisation processes engaged.
“Every matter is urgent and important for the litigant whose life is affected by the particular matter and this court will be prepared to deem all its listed trials for the month of June as urgent, provided that safety protocols are observed and the unanimous consent of all affected parties is obtained.”
In an e-mail to staff, which included judges, Archie explained the revision of the emergency directions for the court, saying this was not only against the backdrop of the current worsening pandemic but also at a time when the Judiciary’s human resources had been completely depleted.
“Scores of employees are either ill or quarantined and are unable to function as before.
“In addition, many employees of our cleaning and security s
