Remanded prisoners anxious for trials to begin

AT least three prisoners on remand for murder have complained of the length of time it is taking for their trials to begin.

At separate virtual status hearings on Wednesday, the three said they all signed up for judge-only trials.

They are now asking for their trials to be held virtually.

“We sign for video conference, let we it have video,” Victor Flores said from the virtual court facility at the Maximum Security Prison.

Flores and his brother, John, are before Justice Hayden St Clair-Douglas charged with the 2010 murder of Seecharan Sankar.

Flores, speaking on a misapprehension of the date for the re-opening of courts, insisted his case should be held virtually.

Pandemic restrictions for court operations have kept court houses closed until, at least, September 30, but arrangements are made for some witnesses to give their evidence from the judiciary’s virtual access customer centres. Virtual trials are also being facilitated.

“The Chief Justice say (sic) the only court we having is video, we sign for video conference, let it have video.

“So let we go video conference that is what we sign up for... Having those witnesses in court, that not going to happen,” he said.

“The case hadda go virtual...We can’t wait for witnesses to come to court, that not happening at all…It have real case going on video conference.”

Prosecutor Indira Chinebas said the new practice directions, issued by Chief Justice Ivor Archie on August 3, did not make it seem possible for the two main witnesses in the trial to give their evidence face-to-face.

Asked by the judge if the prosecution had changed its position on having those witnesses give evidence in-person, Chinebas said it remained the same. John Flores’s attorney Ramesh Deena said the same.

However, the judge advised the attorneys to “give consideration that circumstances are not likely to change” anytime soon.

“I think you should consider altering your position,” he advised as he adjourned the matter to September 29.

In another status hearing, St Clair-Douglas assured that virtual trials can be held, “and the court can make it happen.”

He was addressing prosecutor Ambay Ramkhelawan, who is also prosecuting former police officer, Anthony Sylvester who is charged for a 2007 murder of CEPEP labourer Sheldon Des Vignes.

She said there were nine witnesses who had to give evidence orally. The statements of ten will be entered as formal admissions. She said out of the nine, there were five who were eye-witnesses and while identification was not an issue, credibility was and the State will have to determine if they can give their evidence virtually.

“Once you line up your witnesses, I can get them to a place where they can be heard,” he said. “Address your mind to the feasibility of them giving their evidence from a VAC centre. We can make it happen, we can get it done.

“Realistically, let’s look at what is happening out and can we really continue to say what we have been saying?”

Sylvester has also opted for a judge-only trial. The judge has set August 25, for another status hearing to give the State an opportunity to say if the prosecution witnesses can testify from the Judiciary’s virtual centres. A trial date will then be set for some time in September.

Sylvester’s attorneys Senior Counsel Israel Khan and Ulric Skerritt say they are ready and anxious to proceed to trial.

Remanded prisoner Jason Le Maitre complained that he has been almost 17 years he has been in prison waiting for his trial.

He and another man, Sheldon Thomas, are before the court for a 2004 murder.

Maitre said his matter was first assigned to Justice Geoffrey Henderson, who was the DPP when he was charged, and Justice Carla Brown-Antoine, who signed his murder indictment while deputy DPP.

“We sign a form for a judge-alone trial since last year… The adjournments killing me. I was in prison since I was 25, I am 43. I see men get MSIs (maximum sentence indications) and their case start. It really stressful. I come and do a small lifetime (sentence) on remand and I never go through a trial. This is against my constitutional rights but me eh have money for a lawyer.”

His matter has also been adjourned to August 25, for another status update.

Another man, who is before the court for this third trial for causing death by dangerous driving, has opted for a jury trial and his case was adjourned to September 22, while another man, Ade La Croix, who is also on bail for robbery with aggravation, will enter a plea on August 18.