Minor technical issues delay start of judge-alone murder trial

ON MONDAY, the second virtual judge-alone murder trial suffered a minor setback because of technical problems which are expected to be ironed out by Tuesday when it resumes with the testimony of the prosecution’s main witnesses.

Justice Lisa Ramsumair-Hinds, who is presiding over the virtual judge-alone trial of Carlos Cezair, on Monday, was forced to adjourn the trial after the formal admission of six prosecution witnesses.

The judge also said it was not likely that in-person trials will resume anytime soon.

The issues faced by attorneys included audio and visual concerns as well as internet connectivity at the prisons for the defence since they were only given permission to enter the facility with two laptops.

Ramsumair-Hinds said the Judiciary’s IT personnel will work with the Office of the Director of Public Prosecutions and the prisons to resolve the concerns.

“The Office of the DPP could not have anticipated the problems they are facing,” the judge said as she addressed defence attorneys Amerelle Francis and Susan Kalipersad who were at the Maximum Security Prison, in Arouca, with Cezair.

Ramsumair-Hinds also said the lost day will be used to facilitate wifi access for the defence since they were prevented from entering the prisons with cellphones or personal wifi devices because of security concerns.

She said the extra time will be used to facilitate internet access in the room being used at the prison for the virtual hearing while not compromising the Prison Commissioner’s security concerns.

“If it sets us back a day or so, it does, but it will give us a grace period to fix it and we resume in the morning,” Ramsumair-Hinds said.

“The stakeholders are liaising and co-operating. It is not as smooth as I had hoped but they are simple issues to sort out,” she assured.

Two prosecution witnesses are expected to testify from Scarborough on Tuesday using the video conferencing facilities set up by the Judiciary for the hearing of cases during the court’s covid19 emergency shutdown.

The judge reminded that the current emergency practice directions of Chief Justice Ivor Archie were valid until June 15, unless they are changed earlier.

For her part, she said she was not recommending in-person hearings at this time, at least until TT no longer has an “existing or continuing emergency health crisis.”

“I do not want to put anyone at risk. I want to do my part to keep our curve flat and non-existent as far as possible,” she said. She also said it was not likely she would be back at the Hall of Justice in Port of Spain for trials on June 16.

“I will continue to discourage in-person hearings, not for my personal comfort, but for all of us,” she said.

She also reminded of the policy of the prison to quarantine any inmate leaving any of its facilities for 14 days.

This, she said, would cause defence attorneys great difficulty in getting access to him if the court decided to have an in-person hearing at the High Court for the trial.

“Once they take them out, they are quarantined for 14 days at the Santa Rosa facility. I prefer he remains at MSP where the Commissioner of Prisons is comfortable he is not exposed to a risk,” she said.

Ramsumair-Hinds also suggested that the DPP send a wish-list to the authorities to enable his department to get the resources needed for virtual hearings and the capacity (of trials) changes or increases,” she said, telling prosecutors Maria Lyons-Edwards and Norma Peters.

“Resources will have to be diverted to your department.”

Prosecutors are using one of the rooms previously used as a courtroom during several past commissions of inquiry at Winsure Building, on Richmond Street, Port of Spain, which now houses the Office of the DPP. Present there are the prosecution witnesses and two court marshals to facilitate the witnesses who are required to testify in person.

The judge is presiding over the trial at what appears to be her home office.