Virtual court hearings challenged in lawsuit

A HIGH COURT judge will on July 10 hear a challenge against the Registrar of the Supreme Court over the conduct of virtual court hearings.

On Friday, attorneys representing the man, who had a Family Court matter in the Couva Magistrates’ Court, filed an application for judicial review. The man is currently stuck in Canada and unable to return because TT’s borders are closed. He said he had a virtual court session on June 29, and his attorneys had asked for a link to the proceedings. Neither he nor his attorney, Richard Jaggesar, received a link.

He is now challenging the decision to proceed with a virtual hearing of the matter without sending a link so that he can participate.

The man is alleging that his rights to a fair hearing, protection by the law and equality of treatment before the law and his natural justice rights have been infringed.In his application, he wants an interim order preventing the enforcement of any and all directions the court would have given on June 29 and the setting aside of any directions or decisions made.

He also wants the Registrar to say why he nor his attorney were sent a link to the virtual hearing. The man also wants declarations that the office of the Registrar breached its statutory duty under section 19 of the practice directions for court operations under the covid19 pandemic issued by the Chief Justice on June 14, by failing to send the link in advance.

In his affidavit, he says he believe the Registrar has a duty to ensure the link is sent to all parties, yet one was not sent to him but the hearing of the case continued.

He said he tried calling several times to find out what took place with the matter and up to now has not been given any answers.

“I feel disadvantaged and unfairly treated. I believe my rights are infringed,” he said.

The matter has been assigned to Justice Kevin Ramcharan who will hear the application on July 10.