This is an open letter to Chief Justice Mr Ivor Archie, Chief Magistrate Ms Marcia Ayers-Caesar and relevant departments within the judiciary responsible for the grave injustice meted out to incarcerated accused people who are not being brought to court because of a recurring sewer problem at the Tunapuna Administrative Complex which houses the Tunapuna and Chaguanas Magistrates Court.
It has become annoyingly frustrating as people, who under the Constitution have the presumption of innocence until proven otherwise, have to prepare ourselves on a daily basis to attend court but instead we remain at the Remand Prison.
What is also disturbing is the fact that the judiciary's silence on this issue is extremely deafening since to date it has not appraised the public on the situation, or sought alternative accommodation which would seek to respect the rule of law and the rights of remand inmates.
We, remand inmates have a right to appear before a magistrate and/or an authorised officer of the court within a period not exceeding 28 days, unless we so consent in open court. We also have the fundamental right to have our matters dealt with in an expeditious manner without unjustifiable or unreasonable delays or gaps during hearings (as demonstrated by common law precedence).
Over the past three weeks, the prisons have prepared inmates to attend the Tunapuna and Chaguanas courts but we have not been taken by the police who cite the existing health and safety problems.
While such problems are genuine and should not be taken lightly, those in authority cannot continue to sit idly by as our rights are violated because someone failed to do their job.
The issues were not caused by any of the remanded accused so why should we have to pay the price for the inefficiency of those charged with the responsibility of eliminating the problem or finding alternative accommodation without delay?
The health and safety concerns at the courthouse regarding the sewer problems did not occur only recently, as we would recall the Tunapuna Administrative Complex was ordered shut down by a magistrate in September 2011 because of a leaking sewer pipe.
The operations of the court were temporarily relocated to the Port-of-Spain Magistrates Court and remained there for approximately four months.
Why does it have to reach the stage where I have to write this letter in an attempt to get some answers to such equally important issue? The judiciary should have been on top of its game by informing and keeping us updated on the problems and its efforts, if any, to resolve the situation.
Could you imagine the chaos and or inconvenience caused to witnesses, virtual complainants, police complainants, attorneys and other users of the court by the sewer problems?
Has anyone thought about the prejudicial effects such could have on matters that have been going on for some time before the courts, especially where the accused remains in custody?
I have been in custody since July 8, 2012, on allegations of being in possession of a gun and ammunition. The summary trial began on November 27, 2013, and almost two years later I’m awaiting for justice to be served in the matter.
The matter has undoubtedly dragged its way through the system and is being exacerbated by the sewer problems. On October 23, for the first time in more than ten months, all parties were available for the matter to proceed, with the exception of myself. I hope that there isn't such a recurrence when the case is called on Friday, November 13.
If the landlord seems unable to bring closure to such a long-standing issue, then the judiciary, the tenant, has all rights to seek accommodation elsewhere as opposed to adopting its “hopeful” approach to the situation. We have been here before and its time to move on.
Such disruptions of a fully functioning court seek to only undermine the ability of the court to protect the integrity of its process and undermine the very rule of law it ought to protect.
Rest assured, I intend to explore all legal options available to have the situation resolved in a speedy manner even if it means taking the judiciary and its executive officer before the High Court in my attempt to seek redress.
I trust that my concerns and complaints would somehow be brought to Mr Archie since it has recently became public knowledge in another matter that he pays no attention to what’s printed in the newspapers.
Akile Simon,
Remand Prison,
Golden Grove