Judge: It is reasonable to blindfold attorneys at Teteron Barracks

Justice Westmin James. -

A High Court judge has ruled that requiring attorneys to wear eye coverings when visiting state of emergency (SoE) detainees at the high-security Teteron Barracks is Chaguaramas, is reasonable.

Justice Westmin James dismissed attorney CJ Williams’ application to bar the practise, ruling on July 29 that this was a necessary precaution.

Williams represents murder accused and suspected gang member Earl Richards, who was transferred to the military compound from the Maximum Security Prison after the SoE was called on July 18.

Williams argued that being blindfolded or having a bag placed over his head during visits was “unconstitutional, unlawful and a form of intimidation.” He claimed the practise caused unnecessary trauma. He also said he was asked to be blind folded and on a second occasion, a bag would be placed on his head to prevent him from seeing the layout of the compound. He refused to comply with this measure.

Attorney for the Attorney General, Anand Ramlogan, SC, defended the measure, telling the court it was essential to protect the facility from compromise. He referenced recent attempts to gather images of the site using drones and said attorneys do not need to see the layout to meet clients.

Attorney General John Jeremie on Monday said drones were one means by which contraband was brought into prisons, to sustain criminal networks, with visitors and compromised prison officers also used.

He made this disclosure and several other stark revelations as he moved a motion to extend the SoE, which was declared on July 18, by a further three months, speaking in the House of Representatives on July 28.

Ramlogan told the court that virtual meetings via Microsoft Teams, commonly used by courts since the pandemic, remained available.

“Prisons are always willing to facilitate meetings, but unreasonable demands that could endanger national security cannot be accommodated,” Ramlogan said. He also noted that cellphones have been found among prisoners, reinforcing the need for strict protocols.

Renuka Rambhajan, representing the commissioner of prisons, confirmed that in-person visits could still take place if security rules were followed. She said virtual visits could address many of Williams’ concerns.

Justice James ruled that the security measure was not unreasonable given the risks involved. Williams’ other applications, including for contempt charges against prison authorities, were denied.

Aaron Lewis instructed Williams for Richards. Ian Benjamin, SC, led the team for the commissioner of prisons, while Jared Jagroo appeared with Ramlogan for the AG.

Williams reported that on July 23 he was told he must wear a blindfold for a face-to-face meeting with his client at Teteron Barracks. He claimed this strict security rule breached his client's right to private attorney-client meetings.

Williams and fellow attorney Aaron Lewis of Quantum Legal also reported that the July 23 virtual meeting required handing over personal data to Microsoft Teams, and the next day, an in-person meeting was halted when five armed, masked men demanded searches, surrender of electronics and blindfolds. Officers insisted all talks would be within their hearing and could end if “coded” messages were suspected.

The attorneys argued the rules violated attorney-client privilege and court-ordered visits. They are seeking a new meeting under proper conditions and disclosure of the policy justifying the measures. Richards is also challenging his transfer from the Maximum Security Prison in Arouca to Teteron Barracks, calling it unlawful.