00:00The judiciary is preparing for a significant shift in how court matters are heard,
00:05with most magistrates' courts scheduled to resume in-person proceedings from September 1st.
00:11The directive was communicated by Chief Justice Ronnie Budusing to the Commissioner of Police
00:16on August 13th, giving the Trinidad and Tobago Police Service advance notice
00:21to make arrangements for officers attending court.
00:24Two jurisdictions are excluded from the September change,
00:28the Port of Spain and Scarborough District Courts are expected to resume in-person hearings in 2027.
00:35At the high court level, 15 criminal courts will also be functional for in-person hearings,
00:4111 in Port of Spain, 3 at the Princes Town Judicial Center and 1 in Tobago.
00:47The master's courts, meanwhile, will temporarily continue operating on a hybrid basis,
00:52with administrative arrangements to be coordinated at the divisional level.
00:57The return comes after the COVID-19 pandemic accelerated the judiciary's reliance on virtual hearings.
01:03And while the change means greater physical presence in courtrooms,
01:07Justice Frank C. Passard says,
01:22Justice C. Passard was approached by media for a comment at a youth empowerment event organized by Christian missionaries
01:29from North Carolina.
01:31Justice C. Passard said virtual proceedings remain useful in certain types of matters,
01:36particularly where physical attendance adds little to the process.
01:40But he draws a distinction when fundamental questions of liberty and criminal justice are at stake,
01:46saying, quote,
01:47But efficiency, however desirable, cannot be the ultimate measure of justice, end quote.
01:52For criminal proceedings, he says,
01:55the physical courtroom serves functions that go beyond simply hearing evidence or completing procedural steps.
02:01The presence of the accused, counsel, and witnesses, he argues,
02:06affects how participants engage with the proceedings.
02:10C. Passard said, quote,
02:11In such proceedings, physical presence is not an anachronism.
02:15It is an important safeguard of fairness, dignity, and effective participation, end quote.
02:20The judge also points to another cornerstone of the justice system,
02:24the public's ability to see proceedings for itself.
02:28The principle of open justice means courtrooms should accept where the law provides otherwise remain accessible.
02:35C. Passard said, quote,
02:36The public should be free to enter to observe and to see for itself how judicial power is exercised, end
02:42quote.
02:42He says that visibility is directly connected to public confidence in the courts.
02:47C. Passard argues, quote,
02:57The judge is therefore not advocating for a complete retreat from virtual hearings.
03:03Instead, he says,
03:05the justice system should determine which format best serves each type of proceeding,
03:10adding, quote,
03:10The proper course is therefore neither a rejection of technology nor an uncritical attachment to tradition.
03:17It is the judicial use of each, end quote.
03:20And his bottom line is that technology must remain the servant of justice, never its master.
03:27Urvishita Wari, Rukhnerine, TV6 News.
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