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Chief Justice Ivor Archie. –
THE Opposition UNC says Chief Justice Ivor Archie must reply to concerns raised by a judge over the closure of the Hall of Justice in Port of Spain from August 16-2 because of “covid exposure” in the building.
Referring to a daily newspaper report in which High Court judge Carol Gobin questioned the closure and asked for Archie to intervene, UNC chairman Dave Tancoo said this development should be of concern to citizens.
He questioned whether this situation had the potential to undermine the independence of the judiciary.
“I hope the Chief Justice can respond to the queries being raised and ensure that the public confidence in the judicial and legal system is not further compromised.”
In a statement on August 15, the Judiciary announced the temporary suspension of in-person activities at the Hall of Justice until August 22 “as a result of covid19 exposure.”
The Judiciary said services such as CourtPay, the domestic violence hotlines and e-filing remain available.
During the suspension of in-person activities, all virtual activities continue. The Court of Appeal and the High Court’s civil, criminal and probate divisions can be contacted by e-mail.
The Judiciary apologised for any inconvenience that may be caused by the changes in the functioning of the Hall of Justice and thanked the public and other stakeholders for their understanding.
In her letter to Archie, Gobin claimed the temporary closure of the Hall of Justice directly interfered with her judicial independence.
“My plans to do my judicial work with the assistance of my team were unceremoniously scuppered.”
Gobin acknowledged that people are constantly at risk of covid exposure during the pandemic. But she said the official explanation for the Hall of Justice’s temporary closure was hardly sufficient to justify the decision.
Gobin indicated that she made inquiries and learnt that there was a “super spreader event “at the Hall last week and several persons had fallen ill. No details were given about the location of this event in the building.
“I had been at the Hall that entire week and had noticed no unusual activity.”
Gobin said she observed no sanitising operations taking place last week.
“So I can only guess that shutting down the building was an available as well as preferable option.”
She was concerned about the ease that such an extreme decision could be taken.
“It provides further evidence of a growing and increasingly dangerous trend toward the assumption of extraordinary power by persons who are involved in court administration who are purporting to exercise power which directly affects the public interest in the administration of justice.”
Gobin said this situation cannot be allowed to continue.
She called on Archie to make certain disclosures. These included the composition of the Judiciary’s medical response team (including details of the qualifications, experience and terms of employment); all of the team’s written policy documents relating to covid19 management throughout the Judiciary since its appointment.
In a statement on August 21, the Judiciary said an event at the Hall of Justice which involved a review of documents gave rise to a number of covid19 infections, a number of its staff being subsequently quarantined and the building being temporarily unable to operate as an in-person facility.
The review involved the compilation of information to be sent to the Mercy Committee to consider whether certain people who have been sentenced to death by the court and are seeking an early release by presidential pardon could qualify for this, in accordance with the provisions of the Constitution.
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