Chaos reigns in south courthouse

A “JUNIOR sec” system in the High Court to facilitate a CEPEP contract in the magistrates’ court. That was the way San Fernando lawyers described the new configuration of the southern city’s Supreme Court, where judges adjourn their hearings every day after lunch. Since September, they have been doing so in order to accommodate the adjacent magistrates’ court, so the building’s roof and asbestos ceiling can be replaced.

Staff, including magistrates, pack up, lock, stock and barrel and moved over to the First and Second Assizes across the road. Attorneys, police and litigants, are up in arms against the authorities responsible for refurbishing the 100-year-old courthouse, which houses six courtrooms. Work has stopped since February and the building is inaccessible to the public, because of the asbestos scare.

Across the road, at the High Court, the cafeteria has been converted into a cashier’s cage for paying maintenance and fines. Magisterial staff utilise High Court offices while judges presiding in the First and Second criminal assizes are mandated to bring their trials to an abrupt end just after lunch. This they must do in order to accommodate cases for the Second, Third, Fourth, Fifth and Sixth magistrate courts.

The result is that trial by judge and jury, bail sessions, jury-exemption hearings and sentencing, are being postponed unduly. Trials currently in the First and Second Assizes sometimes end abruptly. The judges there are Carla Brown Antoine and Hayden St Clair Douglas, respectively. In recent trials, state attorneys were forced to cut short leading of evidence and defence attorneys were stopped in mid-sentence in their cross-examination of witnesses. These courts have been giving way, since work began on the roof, to magistrates Alicia Chankar and Kerry Ann Byer. The first magistrates’ court is presided over by senior magistrate Cherril Ann Antoine in the Fourth Criminal Assize.

The new configuration had a light moment, though, when a defendant was asked by magistrate Brahmanand Dubay, holding on for Antoine, “Where do you wish your case to be tried – here or in the High Court?” The defendant replied, “Well, I done here already, sir.”

Every court day bears witness to chaotic scenes outside and inside the High Court building as police escort prisoners back and forth. Litigants, accused people on bail, witnesses and complainants for both High and magistrates’ courts, assemble in front of the building from 7.30 am. By 9 am, they are packed into the small lobby, most of them standing. For the first, second, third, fourth, fifth and sixth court after-lunch sessions, the lobby area cannot accommodate them and they fit themselves on the steps leading to the registry and civil courts. President of the Assembly of Southern Lawyers Ramesh Deena said no work is taking place on the magistrates court building.

The judiciary, in a response to Newsday’s queries, issued a statement that the Central Tenders Board is procuring construction work based on the Ministry of Works’ design and bill of quantities. The statement said, “It was necessary to remove the asbestos roof from the San Fernando Magistrates’ Court for the well-being of users of the court and burgesses of San Fernando. Cariri’s air-quality clearance for the building was granted in February 2018.

“After clearance was given, the Ministry of Works and Transport was able to enter to begin inspection, design and development of specifications for the roof. Final drawings were received this week from the Ministry of Works.” The statement said in the interim, significant electrical works are under way.