Used condom among garbage outside run-down High Court building

A used condom was among trash items that greeted people at the High Court Building in Kingstown as the new session of the assizes opened on Tuesday.

And while the trash made the front of the building unsightly, the mould and heat inside appeared to have resulted in short fuses among some lawyers.

Over 100 jurors, along with the judge, lawyers, journalists and other members of the public were packed into the run-down courtroom.

The courtroom is located inside the 200-year-old building that Parliamentarian abandoned in June 2023 for a purpose-built brand-new temporary Parliament building in Calliaqua.

Since then, the court has been left to continue to operate in the building in which mould is growing on the walls.

During that time, the front of the building was hardly ever swept and on occasion, there was dried dog faeces in the parking area immediately in front of the door.

During the hottest times of the day, stray dogs would seek refuge from the heat under vehicles parked in the courthouse yard.

The court is supposed to move temporarily to the former BoSVG building at Bedford Street, across from the Central Market.

However, people who frequent the court building were surprised when they arrived on Tuesday to find that the three air conditioning units were still not working even after a two-month court vacation.

Like emperor penguins in an equatorial climate

Lawyer Duane Daniel was the first lawyer to appear before the court as defendants were called upon to enter a plea.

The sheets of paper that Daniel had used to fan himself appeared to have done little to reduce the amount of sweat appearing on his face.

At the same time, the papers themselves appeared to have been dampened by the sweat from his hands.

“Permit me to be a bit facetious,” the lawyer said as he rose to address the court.

“I notice the dictates of the practice for us to dress as emperor penguins,” he said, referring to the black robes and white tops that lawyers must wear when appearing before the High Court.

“But the least that one can do is to see to it that we are afforded the temperature of Antarctica and not that of the equator. It’s not compatible,” Daniel said.

“Emperor penguins are not compatible with extreme heat. So, I would say that and let it not be said that counsel does not sweat for his dollar,” said Daniel who often uses figurative language and quotes literature in his submissions.

‘they settle for that nonsense’

Later in the sitting, Grant Connell, another defence counsel, commented on the steamy condition as he asked the court to allow bail to continue for one of his clients.

Connell appeared not to have been amused by the apparent response of two Crown Counsel from the Office of the Director of Public Prosecution (DPP), who were sitting at the bar table.

“They find it funny because they settle for that nonsense. I don’t. I stand up for that,” Connell retorted.

“I was in Georgetown Magistrate’s Court, I let that pass,” he said, referring to similarly steamy conditions at the courtroom in Georgetown, where the heat forced him to leave during a trial on Sept. 6.

“At least they have a fan. You don’t have that,” Connell said, comparing the conditions at Georgetown to what the judge at the High Court had to endure.

“You can exhale as you want,” he said, looking in the direction of the two Crown counsel at the bar table.

The judge, Justice Rickie Burnett, told Connell to address the court, indicating that the lawyer should not respond to comments across the bar table.

“And when I am addressing the court, these little echoes that I hear, the ethics of the courtroom call for better than that,” Connell said, adding that he was raising a crucial point.

“All the practitioners at the bar are sweating, including my friend,” he said, referring to a Crown counsel.

“And when conditions get a little heated, we know that my friend has several medical issues that surface now and then. I’m looking out for the interest of everybody but I’m the only one talking,” Connell said.

He said the situation was unacceptable.

“None of the air conditions is working. The officer is over there inhaling this mould. The DPP is here; I don’t know if she is in agreement with me or not. The president of the Bar is here. I am speaking for you, too, judge. You don’t even have a fan.

“Look, look; all my friends at the bar,” Connell said pointing to the other lawyers. “Counsel Karim [Nelson] has off his jacket,” he said of the assistant DPP, who was in the courtroom but not seated at the bar table and was not required to wear a jacket or robe.

Connell told the court he would be grateful if the other matters he had before the court were called.

‘the conditions of this hall with the mould and so forth is unhealthy’

Defence counsel Kay Bacchus-Baptiste also spoke to the condition at the court.  

“I am here as a senior counsel addressing the conditions because sweat is pouring from my face profusely and even if we were to close up, the conditions of this hall with the mould and so forth is unhealthy,” the lawyer said.

“I think on the last assizes I raised it. And it’s not a partisan issue. So, I don’t know why everybody should join hands together and speak about it. I looked to see whether you had a fan there. You do not even have a fan there. You must be sweating yourself. And I don’t even think we should have a trial in these conditions,” Bacchus-Baptiste said.

The judge said he was returning to court No. 2, located in the D’Ville Plaza on Wednesday morning.

“I am only here for this exercise,” Justice Burnett said, referring to the arraignment.

However, Bacchus-Baptiste said that having even the arrangements under those conditions was “really difficult, unacceptable and they must do something about it”.

‘good to see the DPP looking out for hostility with men versus women’

Connell then stood and said: “If I might say, because my ears are quite long. I heard the learned DPP complain to the president of the bar of me being hostile to the female practitioners on the other side.”

The lawyer said he was sorry if he had come across that way.

“But it is good to see the DPP looking out for hostility with men versus women. I apologise profusely. It was not intended,” the lawyer said.

He told the court he had been present “several times” in the court when Renee Simmons, one of the two crown counsel at the bar table at the time, “suffered certain breathing problems, etc.

“I sympathise with the court. I see the situation and I raised it. I know I will take the flack. the DPP has already made her comment and I am grateful. My back broad. But I will be grateful…” Connell said.

The judge told Connell that his comments were on the record and then asked if any other lawyer wanted to comment on the conditions of the court.

No other lawyer did so. However, later in the sitting, after her matters were disposed of, Shirlan “Zita” Barnwell, president of the Bar Association, told the court that she joined with Connell and Bacchus-Baptiste in their comments about the courtroom.

She said she had been hoping that by then the court would have moved to the former BoSVG building.

“But I passed across and realised that there is still much work to be done,” Barnwell said.

On Wednesday afternoon, two prisoners were seen sweeping the front of the courthouse building.