Preserving Open Justice during the Covid-19 Pandemic and Beyond in Trinidad and Tobago

Abstract

Since the onset of the Covid-19 Pandemic the courts in Trinidad and Tobago have been operating in main, virtually via virtual hearings. Generally, these hearings are only accessible to the parties. Access to the press and public is permitted only upon application. Open justice requires that justice be administered in public unless exceptionally in the interest of justice, the hearing is required to be in private. By requiring an application for access the open justice principle has been turned on its head since access is no longer the general position but rather the exception. No justification has been provided for limiting access in this way. Accordingly, it is recommended that this restriction ought to be removed without delay. This will allow the public and press to see justice being done which will in turn boost public trust and confidence in the justice system which is often perceived as far removed from members of the public. It is recommended that virtual links for the hearings be posted on the Judiciary's website to allow for ease of access to court proceedings.