Israel Khan still objects to O'Meara court as murder trial venue

Attorney Israel Khan SC, who is part of a legal team representing six incarcerated policemen has continued his objection to the O'Meara Judicial Centre as the location of the trial for his clients.

On Sunday, Newsday reported that Khan and fellow defence attorney Ulric Skerritt raised concerns over the proposed location at the O'Meara Estate, saying it was "highly unsuitable" as it did not accommodate seating for the public, had of iron bars on holding cells for the accused and the spatial arrangement of the witness box and jury from the bar table and judge.

Gazette No 82, issued on Monday, noted that the O'Meara Judicial Centre at the O'Meara Industrial Estate along with the court facility at 271 Naparima-Mayaro Road, Princes Town had been designated as places for the sitting of matters for the Supreme Court since 2022.

It also noted that location had been designated for matters to be tried in the Port of Spain or San Fernando courts.

In a statement sent to Newsday on Tuesday, Khan doubled down on his objection to the use of the O'Meara Judicial Centre as a criminal court, asserting that the Gazette was not enough to replace the substantive law.

Referring to Section 3 of the Criminal Procedure Act, Khan argued that a trial judge, under very specific circumstances, could only order a matter to be alternatively heard in Port of Spain, not in Arima as is being suggested.

"Also the law gives the DPP (Director of Public Prosecutions) the prerogative under Section 3 (3) to transfer from the instant matter from San Fernando to Port of Spain if the ends of justice so require. Securing an expeditious hearing and determination of the matter if the San Fernando Court is under repairs: a good example.

"Even the DPP cannot transfer this matter to Arima, or Siparia. There is a lacuna in the law and the Judiciary cannot fix it with proclaiming a Gazette."

Khan added that the proposed selection of a jury at the Princes Town Court which would then be transported to the O'Meara Estate would be illegal.

"I would not allow myself, my integrity, and my reputation to be used as a prop for the charade by the Judiciary. An item of Gazette cannot replace or be substituted for the substantive law. It is the beginning of a creeping dictatorship. Wake up lawyers, stand up for the right of an accused to a fair trial."

Khan called on lawyers and criminal judges to visit the O'Meara Judicial Centre "in order to ascertain if it is fit and proper to conduct a murder trial."

He also questioned if the selection of the O'Meara Judicial Centre was done deliberately to weaken trial by jury.

Khan concluded his statement by issuing a challenge to the trial judge.

"And I finally say to the learned trial judge, Her Ladyship Carla Browne-Antoine, if you are so assured that what you are doing is legal, that the Judiciary can legally fix this matter at the O’Meara Complex at Arima for hearing then charge me for contempt of court for disobeying your order (which is illegal and thus null and void) to attend the Criminal Princes Town Court to select a jury for trial at the Factory Room in Arima."

Newsday also reported that the officers threatened to boycott the matter if the Judiciary insisted on a hybrid hearing at the O'Meara Court.

But a statement from the Judiciary on Monday denied any such insistence.

On that issue it said, "The accused are expected to appear in court in this matter. No direction has been given for a hybrid hearing in this case."

The statement, headlined: "Judiciary corrects inaccurate statements in article of the Sunday Newsday," also denied that the judge had unilaterally set June 1 as the trial date as reported in the article.

It said the case was assigned to Brown-Antoine in January 2019.

"Since that time, the matter has been the subject of case management by the judge and master with the participation of both the prosecution and defence."

It said the trial date was set with the concurrence of both sides.

"In this case, the trial date was fixed at a hearing on Monday February 27, 2023 with the agreement of both the prosecution and the defence."