Judiciary to arrange new ways to take evidence

THE JUDICIARY is outfitting a building it occupies on Frederick Street in Port of Spain to accommodate taking evidence from witnesses. So far, two rooms are available and, eventually, this number will increase to five.

Retrofitting of some of the rooms at Kings Court to allow for witnesses to give their evidence is in response to the position of the Director of Public Prosecutions that no evidence will be taken at his office for criminal trials.

On Tuesday, Justice Lisa Ramsumair-Hinds made the disclosure at she ruled against a motion to quash an indictment in a corruption matter which will now go to trial in October. Ramsumair-Hinds admitted that the judicial system was under extreme pressure, precipitated by covid19.

In July, at a judge-alone trial, the DPP’s position was made known as he urged for a return to the Hall of Justice in Port of Spain when covid19 public health restrictions were relaxed to allow gatherings of up to 25 people. A month later, this number was reduced again because of increased numbers of covid19 cases.

In response, the Chief Justice implemented new rules for court operations, banning in-person hearings at all courts. With the exception of a hybrid jury trial held both virtually and in-person, jury trials came to a halt in March when TT recorded its first covid19 case.

Since then, there have only been virtual judge-alone criminal trials and civil trials. The Judiciary has not responded to questions on when jury trials are likely to resume, but this is expected to be addressed by the Chief Justice when he speaks at the opening of the new law term next week Wednesday.

The opening of the new term will also be held virtually. Sources said a location has been identified for the holding of jury trials and this will be announced by the CJ. Since the ban on in-person hearings, two judges in the civil division have railed against it. Two of their colleagues in the criminal division have endorsed the ban in the interest of protecting themselves, staff and the public.

Also on Monday, a group claiming to be remanded prisoners complained about the ban, insisting they get their day in court. They said the ban had brought to a halt access to justice for them and the public. But Ramsumair-Hinds said on Tuesday the system was “paddling furiously to meet the need of litigants.”

Referring to the DPP’s position, Ramsumair-Hinds said the Judiciary has been working on finding solutions to mitigate the problem so that witnesses can be accommodated.