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  • 5 weeks ago
After years of predominantly virtual proceedings, most Magistrates' Courts are set to return to in-person hearings from September first.

The directive comes from Chief Justice Ronnie Boodoosingh, who has also ordered the return of fifteen Criminal High Courts to physical hearings.

But while welcoming the move, High Court Judge Justice Frank Seepersad says technology still has an important role to play in the justice system.

Urvashi Tiwari Roopnarine reports.

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Transcript
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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