Judiciary: Judges visit prisons at times

Judges and the Masters of the Children and Criminal Courts have “quietly” visited the prisons and the Youth Training and Rehabilitation Centre on several occasions, despite its being unusual for them to do so.

In a release on Saturday, the Judiciary said the judges last visited the prisons and rehabilitation centre in February and these visits were on the invitation of the Commissioner of Prisons with the support of the Minister of National Security.

The Registrar and the Marshal of the Supreme Court also make frequent visits in the capacity of the Marshal of TT.

The Judiciary also said the Inspector of Prisons, who is appointed by the Minister of National Security, is responsible for inspecting prisons and examining the prisoners.

The Judiciary's release comes after acting Commissioner of Prisons Deopersad Ramoutar sought clarity on a visit to the Port of Spain prison by a judge sitting in the civil division in a constitutional claim brought by a former death-row inmate.

Deopersad's letter to the Registrar of the Supreme Court, on the visit by Justice Frank Seepersad last Thursday, sought clarity on the judge's request on advise of the minister. He asked if it was "purposeful anymore for an on-site visitation" by the court.

This drew the ire of the judge, who condemned what he said appeared to be an an attempt by a member of the Executive to “interfere with judicial independence” and the court’s exercise of its discretion and authority.

“It is unfathomable that any politician or member of Executive would have the temerity to challenge the efficacy of an order issued by the court, in an unresolved constitutional claim, where the Attorney General is the substantive respondent.

“This attempt at interference must be condemned and will not be condoned,” Seepersad said at a virtual hearing before his visit to get a first-hand look at the conditions on death row as well as where prisoners whose sentences are commuted will be housed.

Seepersad reminded all the parties that a judge is an “ex-officio official visitor” to the prison who can visit at any time and for any reason.

He also admitted that the apparent hesitance for him to view the current prison conditions had heightened his curiosity, and since the last prison visit by a judge sitting in the civil division in a claim brought by prisoners who complained of the conditions at the Port of Spain prison was in 2007, by Justice Carol Gobin who described conditions there as “alarming,” he wanted to see, 16 years later, what it was like now.

Seepersad is presiding over a claim brought by convicted killer Ronald Bisnath.

Last month, he ordered Bisnath’s removal from death row, and also ordered that the sentence of death imposed on him on March 27, 2014, be vacated.

Seepersad said his visit was to ascertain the current conditions on death row and the area where Bisnath was now being kept to assist with the quantification of damages if it reached that stage. He also pointed out that attorneys for the State did not object to the request for the visit.