Ministers: Core functions displaced by law courts at police stations

JUSTICE Minister Devesh Maharaj said it was quite unsettling to see police stations being used as law courts, while Homeland Security Minister Roger Alexander said both police and members of the public have each complained about such a state of affairs.

The two men each gave a brief statement on May 29 at the post-Cabinet briefing at the Red House, Port of Spain, hosted by Prime Minister Kamla Persad-Bissessar.

Alexander said he had received numerous complaints about police stations being occupied by law courts.

"That has been causing a level of inconvenience and a level of stress to both law enforcement and members of the public."

He said he and Maharaj were looking at how best to remedy the situation.

"The court is now occupying places of importance in the station, for instance the identification room, the interview room, and areas like that, which are very critical for investigations by police officers.

"I want the law-enforcement officers to understand we are working on it and we hope to get a result at the shortest possible time."

Maharaj, for his part, said Alexander had contacted him on "this troubling issue."

"He shared with me two areas of concern, that when suspects are first held in police stations, that is the time police stations are used to grant bail in connection with the magistrates etcetera. But I heard it from him there may be other instances where trials, certain trials, may be conducted from those police stations.

"That yet is unconfirmed but if that is so, we find that a bit troubling. So we will have to look into it."

Maharaj said a related matter was the question of the construction and refurbishment of courtrooms.

"For the justice system to operate efficiently, as you well know, physical infrastructure and resources must be allocated for the proper functioning of the judiciary."

Maharaj said he planned meeting with Chief Justice Ivor Archie.

"We have received an interim report from the Judiciary identifying 10-12 projects, it could be a little more. We are currently perusing 'same' showing the different stages of court refurbishment and court construction. Most if it, if not all, is behind schedule, and they are going to be looked at critically to deal with it."

Maharaj said the judiciary would state if there was space in courthouses to move hearings out of police stations. This would firstly allow the police to operate more efficiently by accessing their due space and confidentiality, and secondly would facilitate the better delivery of justice via a better physical infrastructure, Maharaj said.

"Most of the (court construction) projects are behind time. Some are 75 per cent, some have not even got off the ground , some are brownfield projects and so on which need re-purposing.

"So the government needs to take a look at all of that, especially in line with what the budgetary constraints may be. We will have to address it as it comes along."

Alexander later lamented the cramped conditions in police stations due to space being allocated for law courts, which may prevent members of the public conducting their business in a particular station.

He said, "There is nowhere to really interview persons. I understand police are interviewing persons heavily tinted. That is where it reached today."

Acting Commissioner of Police (CoP) Junior Benjamin on May 29 told Newsday he agreed with Alexander that police stations could not function as law courts. The CoP said he hoped to remedy this by collaboration with Judiciary.

"The reality is that part and parcel of the new judicial system is that when a person is charged, that the police more or less would seek to at least have the persons housed and they would appear from one of the police stations which would be used more or less as that place where the prosecutor will address the court.

"The defendant would also address the court from within the precinct of the police station, whether be it Arima, Port of Spain or Tobago."

He gave an update from Tobago from where he was speaking to Newsday.

"I am hearing that the defendant and the prosecutor are in the same room and sitting down very close to each other and that cannot happen! We have situations where we must ensure that we have facilities for that and again the stations were not built for that."

The CoP said Alexander would have first-hand knowledge of the state of affairs.

Benjamin said, "It is incumbent on us, the police, to make that happen. But there are court buildings that are available as well that are not in use, and again I think with greater collaboration with the Chief Justice, we are seeking to have that collaboration to see if any assistance could be given to the police, so we have better facilities so police officers' lives are not in danger.

"Other than that, we have to try to find the facilities to deal with those matters, so I guess it is in that context that he (Alexander), knowing about it, that he made the statement."