Judge assures integrity of virtual trials will be protected

ASSURANCES have been given that the integrity of the virtual trials will be protected.

The assurance was given by Justice Lisa Ramsumair-Hinds who is presiding over the second virtual judge-alone murder trial.

At the start of proceedings on Tuesday, Ramsumair-Hinds questioned both the accused Carlos Cezair, who is at the Maximum Security Prison with his attorneys, and forensic pathologist Dr Estlyn McDonald-Burris, who was at the video conference room at the Tobago High Court.

The judge questioned them about the presence of other people in the rooms at both locations, saying it was in an effort to protect the integrity of the trial.

In Tobago, there are marshals of the court representing the Registrar while there are also marshals at the Office of the Director of Public Prosecutions in Port of Spain from where prosecution witnesses are also testifying.

Ramsumair-Hinds also asked Cezair if he was comfortable with the proceeding and he said he was.

On Monday, a judge sitting in the civil division called for the full resumption of court operations, saying it was important for the public to access justice. He also raised concerns about the sanctity of the evidence in virtual trials.

However, Ramsumair-Hinds, on Tuesday, explained that marshals are sent by the Registrar to a location where witnesses are located to ensure the integrity of the proceedings. In her trial, she said there was no question of tampering with the process or anyone telling a witness what to say or do.

“We have to adjust… With proper trial and case management all the moving parts can fit seamlessly.”

“It is important to keep all courtroom doors open, even virtually,” she said, adding that her experiences in the virtual trial process are shared with all judges.

On Monday, Ramsumair-Hinds expressed concern about the full reopening of jury trials too soon and putting the staff and the public at risk while there is still a health concern over the coronavirus. She said she was not recommending in-person hearings at this time and did not want to put anyone at risk.

“I want to do my part to keep our curve flat and non-existent as far as possible.

“I will continue to discourage in-person hearings, not for my personal comfort, but for all of us,” she said.

The courts are currently in emergency mode until June 15. Jury trials are suspended and all in-person appearances are discouraged while matters that are deemed urgent are heard virtually in keeping with practice directions issued by Chief Justice Ivor Archie.

On trial before Ramsumair-Hinds Cezair is before the court charged with the June 7, 2008, murder of Elvis Emile in Sangre Grande.

In her testimony, McDonald-Burris said there were several injuries to Emile’s head and face, including a deep stab wound to the cheek.

She also said his toxicology report registered a blood alcohol level of 234 milligrammes, which would mean he was “really drunk.”

She was also questioned about defensive wounds – which he had none – saying if Emile was the only person attacking, then there would be nothing to defend.

Also testifying from Tobago was Akeen Nicome who said Emile was his uncle. He identified Cezair as the man who approached his uncle on June 7, 2008, and told him he did not like the way his uncle disrespected his family.

He said his uncle offered an apology to Cezair and asked him, “What yuh want me do for that?” He said Cezair responded with a similar question and his uncle offered Cezair a hug, demonstrating what he saw.

Nicome said Cezair told his uncle he was not interested in a hug and Emile passively responded, “That’s how it is?” Emile said after this, his uncle turned away from the situation and was getting ready to leave when he turned back towards Cezair. He said the two men began pushing each other, but he could not see who started it.

He also said he saw Cezair point a knife in his uncle’s face.

He called the police and saw his uncle on the ground. He did not see what was going on between Cezair and his uncle.

The trial continues.