Hinds: I have the right to check judge's visit to jail

MINISTER of National Security Fitzgerald Hinds said on Wednesday he was quite within his constitutional rights to check on the conditions under which High Court judge Justice Frank Seepersad had recently visited death row at the Port of Spain prison.

Seepersad's visit was in relation to an inmate's seeking civil damages for being kept on death row after the permissible period for his execution had lapsed.

Seepersad had issued a statement chiding Hinds and Prisons Commissioner Deopersad Ramoutar for questioning his visit.

Hinds hit back in a ministerial statement in the House of Representatives.

Earlier in the sitting, Naparima MP Rodney Charles had used Prime Minister's Questions to ask if the matter had seen any violation of the constitutional separation of powers. Dr Rowley said Hinds would make a statement.

Upon further probing by Charles, including trying to dub Hinds "errant," the PM said, "I have no minister to reprimand, but I suspect the Opposition Leader has someone to beat."

Hinds said on March 29 Ramoutar received a request from the registrar and marshal of the Supreme Court for Seepersad's intended visit to the prison on April 20, along with other officials. The minister said the request was accompanied by court order CV2023-00792 which said costs were to be assessed, but did not mention damages.

He said a preliminary list of individuals to accompany Seepersad was submitted on April 4 to the commissioner, who was later told orally by the registrar and marshal that Seepersad intended to be accompanied by the media.

"Given that the order had made no mention of damages to be assessed and hearing of intended accompaniment of the media, the commissioner was unclear as to the purpose of the judge’s visit. However, he proceeded to make the necessary provisions."

Hinds said Ramoutar told him of Seepersad's intended visit and those to accompany the judge.

He said as Minister of National Security with responsibility for the prison service, he asked the commissioner to ascertain the reason for the visit, given that the order had made no mention of damages to be assessed.

"As a consequence of the subsequent publicly expressed disquiet in relation to this series of events, I wish to remind this Parliament that the Trinidad and Tobago Prison Service is an arm of the criminal justice system and a division of the Ministry of National Security.

"As such, it was well within my authority and purview, as the minister with responsibility for national security, to ascertain the nature of the visit, and particularly so since a journalist, who was named, was to be a member of the intended entourage."

Hinds said an official visitor as defined in the prison regulations is entitled to visit the prison pursuant to the prisons rules, but this privilege certainly does not automatically extend to members of an accompanying entourage, so the commissioner was duty-bound to make the requisite enquiries.

"Finally, as articulately and accurately described by a media release issued by the judiciary dated April 21, visits to the prison by judicial officers are regularly facilitated by the Commissioner of Prisons. However, the nature of each request must be evaluated, so that the necessary safety measures and logistical preparations can be made to ensure that these visits are without incident."

He said in this case questions were asked for good reason and answers were provided, and the visit was therefore properly planned.

"The visit, like many others that have been arranged over the years, came off quite successfully and without incident.

"I wish to reiterate that as a member of the executive arm of the State and a longstanding legal practitioner, I certainly recognise, understand and fully appreciate the mutual respect and comity required to ensure that the separation of powers is strictly observed, while all arms of the State work together co-operatively and in the interest of the State."