Judge rules blindfolds for Teteron prison visits not unreasonable

A High Court judge has dismissed an application brought by attorney CJ Williams, who sought to stop the State from using blindfolds during attorney-client visits at the Teteron Barracks detention facility.

The matter was heard yesterday afternoon before Justice Westmin James, who ruled that the use of a blindfold while escorting attorneys to the meeting area was not unreasonable given the security concerns involved.

Williams represents inmate Earl Richards, one of the men charged with the 2014 murder of Senior Counsel Dana Seetahal. Richards is being held at the Defence Force-controlled compound under State of Emergency regulations. Williams accused the State of breaching a July 22 court order by failing to facilitate a visit without restrictions. He filed a contempt application seeking enforcement of the order and sanctions against the State.

Senior Counsel Anand Ramlogan, appearing for the Attorney General, told the court the measure was necessary to prevent the compromise of the high-security compound. He stated that attorneys did not need to view the facility’s layout and referenced attempts by unknown individuals to obtain footage using surveillance drones.

Ramlogan said a virtual meeting had already been offered using Microsoft Teams, the same platform regularly used by the Judiciary, the Law Association, and the Legal Aid Authority. He said the method remained secure and effective.

Williams objected to any form of blindfold, saying it was unconstitutional, unlawful, and could cause unnecessary trauma. He said he was asked to wear a blindfold on one occasion and was later told a bag would be placed over his head. He refused to comply.

Ramlogan said cellphones had been found in prisoners’ possession, and the restrictions were necessary to protect national security and public safety.

Justice James ruled that the request for a blindfold while moving through the site did not amount to a breach of rights and was not unreasonable in the circumstances.

Attorney Renuka Rambhajan, appearing for the Commissioner of Prisons, said the facility remained open to in-person visits under existing protocols and added that virtual meetings could address some of the issues raised.

Speaking at his Port-of-Spain office after the visit last week, Williams said he would be writing to Criminal Bar Association head Israel Khan, SC, and Law Association president Lynette Seebaran-Suite about what he described as breaches of attorney-client privilege at the site.

He said that before being allowed to see his client, he had to agree to several conditions, including a ban on electronics and the use of pen and paper only. However, he said the demand to be blindfolded on national security grounds crossed the line.

Williams, who said he suffers from claustrophobia, reluctantly agreed to wear the blindfold but claimed the situation worsened when he was told that five masked men in full tactical gear would remain in the room during the meeting.

“That’s not a legal visit. That’s an intimidation tactic,” he said. “It’s a sad day in Trinidad and Tobago under the guise of a State of Emergency,” he said.

Aaron Lewis instructed Williams for Richards. Ian Benjamin SC appeared for the Commissioner of Prisons, while Jared Jagroo appeared with Ramlogan SC for the Attorney General.

Williams said yesterday that he disagreed with the judgment.

“The Honourable Justice Westmin James, in his wisdom, decided that being blindfolded to access a client on a military site presents no difficulty, given the circumstances the country faces at this time. Am I pleased with the judgment? The answer is no.”

He confirmed, however, that he would not be appealing the court’s decision.

“I’m instructing my legal firm that we shall not appeal this decision, to ensure we get instructions from our clients in the shortest possible time frame.”