The Assembly of Southern Lawyers (ASL) has written to the executive director of the Occupational Safety and Health (OSH) Agency about mould at the San Fernando High Court building.

ASL president Michael Rooplal said his executive has received several complaints from members of their feeling unwell during in-person trials in certain courtrooms in the building.

He called on the OSH Agency to urgently investigate the complaints.

Rooplal said one judge rescheduled a trial because of the mould issue in the SF10 courtroom and another also expressed disquiet about holding trials in the building because of it.

Rooplal said the ASL wrote to the Chief Justice on March 15, but has received no substantive response.

“Moreover, to the best of our information and belief, no steps have been taken by the Judiciary to investigate and/or address the said concerns,” Rooplal told the OSH Agency.

“We are sure that the OSHA would appreciate that the health and well-being of not only legal practitioners are at stake, but also those of litigants and members of the Judiciary’s staff,” Rooplal said.

He said it was ASL’s view that the building was an “industrial establishment” as defined by the OSH Act and its continued use and occupation may constitute breaches of the act.

The ASL’s letter was copied to the Chief Justice, the Law Association and ASL’s members.

In his letter on March 15, Rooplal said ASL’s members wanted the Judiciary to investigate the mould issue as it concerned the health and well-being of attorneys, litigants and Judiciary staff.

The letter also asked about in-person jury trials at the San Fernando High Court since, according to members, the travel to the O’Meara Judicial Centre was burdensome because of traffic congestion and longer travel time.

“It is likely that the jurors, who are being transported by the Judiciary to O’Meara early each morning and in the afternoons after court is completed, are also negatively impacted by the current arrangements.

“Undoubtedly, this would have a consequential effect on the administration of justice.”

Rooplal said historically there had been at least three courtrooms at the court used for jury trials and was certain that arrangements can be put in place to instal any technological requirements to remove the need to travel to O’Meara.

He also asked for an update on the new San Fernando District building at Irving and Sutton Streets, which was expected to be completed by the end of 2021.

“It appears that as at the date of this letter, construction works at the site have been paused and/or stopped completely.

“As we are sure you appreciate, there is urgent need for additional district courts in San Fernando, as the sitting magistrates in San Fernando are currently overburdened.

“Our members are therefore requesting an urgent update on the status of the construction at the said site and the revised expected completion date.

Questions have been sent to the Judiciary for comment on the ASL’s concerns.

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