High Court judge renews call for in-person trials, open justice

Justice Frank Seepersad. -

JUSTICE Frank Seepersad has declared that the new normal for Trinidad and Tobago’s judiciary is a full return to in-person trials.

His announcement came after he rescheduled, for the fourth time, a civil matter set to begin at the Waterfront Judicial Centre on December 3.

Seepersad expressed concerns about credibility, evidence integrity and declining advocacy.

He said the court’s recent experience with virtual hearings has shown that fact-dependent trials cannot be reliably or fairly conducted online. He said that judges must be able to assess subtle facial expressions, nervousness or evasiveness; indicators he described as essential to evaluating credibility.

Seepersad said persistent technological failures, such as frozen screens, dropped audio and undetected signal losses, undermine the accurate capture of evidence and often cannot be identified by judicial support officers in real time. He added that the civil division does not operate under the same controlled conditions as the criminal division, which uses virtual access centres, manned by court marshals.

He warned that in remote settings, the court cannot guarantee that witnesses are not being prompted or aided off-camera. He said this lack of control threatens the authenticity of testimony and opens the door to unauthorised recordings, which pose risks not present in a physical courtroom.

“This court has noticed a significant deterioration in the quality of advocacy,” he also said, adding that lawyers appear less dynamic and less persuasive online because “the energy that human beings give off in a physical setting is completely lost” in virtual proceedings.

Seepersad stressed that courtroom formality and focus are compromised when witnesses testify from offices or homes, which he described as “busy spaces” rarely conducive to the seriousness of legal proceedings. He said it was unfair to expect lawyers and litigants to create appropriate environments on their own.

Seepersad, who has been raising these concerns since the judiciary resumed in-person hearings after the covid19 pandemic, noted that TT remained among the few jurisdictions still conducting trials virtually, even as the country’s highest court has resumed in-person sittings.

He said past administrative resistance had slowed the reopening of physical courts, but the new chief justice has signalled a shift and the need for the public to “get back into the court” for trials. Seepersad said virtual hearings would be allowed for procedural matters and case-management conferences. At an address at the Law Association’s annual dinner and awards ceremony last month, Chief Justice Ronnie Boodoosingh signalled his intention to reopen court buildings as a matter of priority.

He said, “The first is the priority of the re-opening and maximum use of court buildings, some of which have been closed for a considerable time.

For example, the Port of Spain Magistrates’ Court remains under repair, with costs climbing and timelines extended more than four years after it was closed to the public.

“Many court hearings, since the covid19 pandemic, have been transformed to virtual hearings. Technology is good, but justice must include in-person human interaction,” Boodoosingh said.

The CJ also gave notice of his desire to lead “a more efficient, high-performing judiciary, where the public receives value for money invested.”

“Timelines for hearing and the fair determination of cases must be reduced, and standards have to be firmly adopted. Citizens have the right to expect the hearing of their cases and delivery of decisions within a reasonable time.”

He announced that the Court of Appeal would return to the Hall of Justice to make courtroom space at the WJC for use by the Family Court.

On December 3, Seepersad also reaffirmed his commitment to open justice. He said his court, by his direction, provides access links to the media and that physical hearings allow members of the public to attend without having to go through the approval processes that often result in denied access.

“There has been some concern as to how the media gets the link. The media gets the link because this court has instructed its JSO to send a link to the media every time it sits. When we're in a physical courtroom, anyone can walk into a court building, subject to security constraints and pop in and out of a court.

“You don't have to ask permission from the court's protocol department or from a judge if you can get a link, which in most instances is denied. That does not accord with a system which should encourage open and transparent justice.

“For all of those reasons, I’ve taken the time to reinforce that we need to change our mode of operation. Covid is long behind us,” he said. “We must focus on the quick, efficient and fair resolution of people’s issues, and that requires in-person interaction for the conduct of trials.”

The judge then adjourned the matter for two days in April 2026.