Virtual court crashes during Express raid trial

THE judge who warned about the impracticality of virtual trials on Friday fell victim to a network crash that forced the abrupt adjournment.

The trial was the virtual hearing of a media house’s lawsuit against the Commissioner of Police and the Attorney General for a search of its offices in March.

Justice Frank Seepersad was presiding from a courtroom at the San Fernando High Court.

Shortly before noon, during the submissions of One Caribbean Media’s lead counsel, Sophia Chote, SC, the judge’s connection dropped. The hearing had to be stopped temporarily.

Shortly after, a member of the Judiciary’s IT unit came online to say there was a connectivity issue with the Judiciary’s service provider which affected the network.

Seepersad returned using an external link on the Microsoft Teams platform being used by most judges, letting the parties know that he was not prepared to wait indefinitely until the network was back up.

“We have to get our priorities together,” he said, as he adjourned the matter indefinitely until he can hold an in-person hearing.

All in-person hearings have been banned indefinitely by covid19 emergency practice directions issued by the Chief Justice in March. The rules for the operation of courts are amended periodically, in keeping with amendments to Government’s coronavirus public health regulations, and the latest took effect on Monday. They are now being challenged by Chote in a separate matter.

Seepersad has repeatedly called for a resumption of in-person hearings. On Friday, he said the system issue affected the connectivity in the building.

"The system is not working. There is no connectivity in the building and I have no ascertainable information as to when it is likely that the situation would be remedied.

"In the circumstances, I am not prepared to have you waiting without any clarity as to whether we can resume the trial today. "And, unfortunately, given the circumstances, I am adjourning this trial to a date to be fixed by the court when the court does have the discretion to have an in-person hearing," he said.

“This was a phenomenal waste of time,” he added.

Seepersad said, using the words of Chief Justice Ivor Archie, who chided him over his complaints about the restrictions of in-person hearings, "I am growing yawningly weary of having to operate under these challenging circumstances trying to conduct all my matters virtually. But when I have the discretion to determine the appropriate forum, I will exercise it and you will be accordingly informed.

"I am no longer prepared to continue to try to discharge my constitutional obligations by bending over backward to facilitate litigants and the lawyers, because today has demonstrated with no uncertainty in my mind that certain changes ought to be made, and until they are and until I have the discretion to determine what matters are to proceed with in-person or virtually, I am simply not going to continue as I have been," he insisted.

Senior Counsel Fyard Hosein, who represented the State, also complained of having to wait long hours for matters to start on the virtual platform. He also said the trial should have been an in-person one.

One Caribbean Media Group Ltd, the Express, and editor-in-chief Omatie Lyer filed a lawsuit against the Attorney General, the Commissioner of Police, and Supt Wendell Lucas challenging the constitutionality of the March 11 raid.

They contend that the warrants issued by a justice of the peace to search the premises were unconstitutional, unlawful, arbitrary, unnecessary, and disproportionate. They also say it contravened their right to freedom of the press guaranteed in the Constitution.

The raid came after the publication of an investigative piece on ACP Irwin Hackshaw's being flagged by local banks. Several devices were seized from Lyder’s office at Independence Square, Port of Spain.

OCM’s group chief executive Dawn Thomas, Lyder and Dr Sheila Rampersad, president of the Media Association of TT (MATT), were present virtually at Friday’s hearing. MATT has received permission to be part of the proceedings.

Chote submitted that interpreting the Constitution and its impact on the rights of citizens must be done in a purposive manner.

She pointed out that freedom of the press was treated separately from freedom of expression in the Constitution, since the former was recognised as being a significant right which required protection. She said this special protection recognised the importance a free press plays in a democratic society.

Chote cited several cases to support her submissions but had not completed them before the court’s network crashed.