There is now uncertainty over whether embattled Chief Justice Ivor Archie and the two remaining members of the Judicial and Legal Service Commission (JLSC) can continue to perform their duties as President Anthony Carmona seeks to fill the vacancies left by the sudden resignations of two of their colleagues.
In a press release issued yesterday, Carmona’s communications adviser Theron Boodan announced that retired Justices of Appeal Roger Hamel-Smith and Humphrey Stollmeyer had tendered their resignations on personal grounds. The resignation letters were received and accepted by Carmona on June 22 and took effect last Friday.
Stollmeyer also resigned his position on the Defence Force Commissions Board, which he held by virtue of his role in the JLSC.
But while the men gave personal grounds as their reasons for departure, the T&T Guardian understands the fallout from the handling of the Marcia Ayers-Caesar debacle was partly to blame.
The other remaining JLSC members are head of the Public Service Commission (PSC) Maureen Manchouck and attorney Ernest H. Koylass, SC.
Questions have now been raised by senior legal and judicial sources over whether Archie and the two remaining members can continue their duties or should wait until the issue is determined by this country’s highest appellate court.
“The quorum is three so they (JLSC) may still try to act,” one senior judicial source said.
As a secondary issue, lawyers who spoke to the T&T Guardian questioned Carmona’s delay in announcing the resignations.
Senior Counsel Martin Daly said: “My suspicions are that there was some arm twisting involved to persuade the members to stay. They won’t fool anyone …We all know why (they resigned) ... I am happy they have done the right thing and that shows value of resolute public opinion.”
Anand Ramlogan, SC, who represented the UNC in a lawsuit challenging the JLSC’s constitutionality without a full complement last month, also wanted to know the reasons given by Hamel-Smith and Stollmeyer for their departure.
“It is unfortunate that the two distinguished former Justices of Appeal did not make full and frank disclosure and explain why they resigned. This is a necessary part of the principles of transparency and public accountability. It is disappointing that they opted for the diplomatic obscurity of “personal reasons.” In so doing, they have short changed the population,” Ramlogan said.
Several calls made to Boodan for an explanation on the delay in the announcement of the resignations went unanswered yesterday.
Senior Counsel Israel Khan meanwhile called on Archie to step down over this and other controversies which have rocked the commission since former chief magistrate Ayers-Caesar’s short-lived judicial appointment in April.
“The best thing for the country now is for the CJ to resign,” Khan suggested, as he called for an official investigation into the commission.
Both Ramlogan and Daly also suggested Archie should re-evaluate his position as head of the JLSC and the Judiciary.
In an exclusive interview with the T&T Guardian following the Law Association’s vote of no confidence in him and the JLSC, over its handling of the Ayers-Caesar debacle, Archie had maintained that he would not resign.
The T&T Guardian contacted Law Association president Douglas Mendes, SC, to enquire his organisation’s position on the resignations yesterday.
But Mendes, who is in the UK, said as the announcement was made yesterday, the association’s council was yet to decide if and when it would meet to discuss the issue.
UNC CHALLENGE TO JLSC STILL PENDING
The issue of whether the JLSC, which is mandated under the Constitution to appoint, promote and discipline judges, magistrates and all attorneys employed by the State, can act without their full complement of members was raised in lawsuit filed by the United National Congress last month.
While the Court of Appeal dismissed the lawsuit after hearing an appeal over an injunction stopping the appointments of two judges made while the JLSC comprised of four out of five members, the UNC has appealed the decision in the Privy Council. In the case, the UNC agreed with the JLSC’s claim that it can make decisions with a quorum of three members, but its lawyers maintained that the reduced quorum could only sit if the JLSC was properly constituted with five members.
Appellate Judges Allan Mendonca, Nolan Bureaux and Peter Rajkumar, who sat on the appeal panel, did not give detailed reasons for their decision on June 6 but had promised to so within two weeks’ time.
However, the T&T Guardian understands that the written judgment, required for the final appeal to the United Kingdom-based court, is yet to be released.
Anand Ramlogan also noted his party’s pending appeal also challenged the decision to have two retired judges in the JLSC, as the Constitution states the JLSC members are the Chief Justice, head of the PSC, a sitting or retired judge and two “persons with legal qualification...not in active practice as such.”
The UNC is claiming that a retired judge does not fall in the last category, which was meant for lawyers.
In dismissing the lawsuit last month, the Court of Appeal agreed with State attorneys who claimed that judges were attorneys before their appointment and were still qualified after retirement, albeit without permission to appear before courts for 10 years.
TIMELINE OF EVENTS
April 12: Marcia Ayers-Caesar, Kevin Ramcharan and Avason Quinlan-Williams take the oath as judges from President Anthony Carmona.
April 12: Chief Justice Ivor Archie defends the process used by the JLSC for the selection and appointment of judges at the swearing-in ceremony.
April 19: The Judiciary issues a statement addressing rumblings about a void left in the system by the promotion of Ayers-Caesar, saying her departure would not negatively affect the lower court. Court and protocol information officer Alicia Carter-Fisher says what was before Ayers-Caesar were “paper committals.”
April 23: Law Association expresses concern about Ayers-Caesar’s appointment.
April 24: Ayers-Caesar is warmly welcomed to the bench by attorneys as she made her debut in the San Fernando Third Criminal Court.
April 25: Several inmates, mostly murder accused, removed from the Port-of-Spain Eighth Magistrate’s Court after they began shouting and cursing after realising their matters could possibly be restarted due to the elevation of former chief magistrate Marcia Ayers-Caesar to the High Court
April 27: Ayers-Caesar resigns as a judge, apologising for the effect of her actions on the prisoners.
April 27: CJ Archie says Ayers-Caesar will be restored to the Magistracy, but she is not formally installed by the JLSC amid pressure from senior attorneys who said her reinstatement was not possible in law.
May 19: Ayers-Caesar’s attorneys write to President Carmona claiming that she was pressured to resign. She threatens to file a lawsuit against Archie and the JLSC and demands to be reinstated.
May 25: The JLSC meets with several legal stakeholders and announces that the cases left unfinished by Ayers-Caesar would have to be restarted.
June 1: The Law Association meets and passes a motion of no confidence in Archie and the JLSC and calls on them to resign over their role in the Ayers-Caesar debacle.
June 3: Former UNC government minister Devant Maharaj files lawsuit challenging the composition of the JLSC.
June 5: Maharaj files for and obtains an injunction against the JLSC as it attempted to make two more judicial appointments the following day.
June 6: Court of Appeal dismisses the injunction and Maharaj’s substantive lawsuit, opening the way for the appointments to be made two days later.
June 20: The JLSC, in responding to attorneys representing a teenager, whose case was affected by Ayers-Caesar’s promotion and resignation, admits an error was made by the Judiciary on May 25, when it announced that a decision was made by stakeholders to restart the unfinished cases. It claims that the meeting was to simply solicit views from stakeholders and not make a decision on the issue.
June 22: JLSC members, retired Justices of Appeal Roger Hamel-Smith and Humphrey Stollmeyer, tender their resignations taking effect from June 30.
July 6: President Carmona’s office announces Hamel-Smith and Stollmeyer’s resignations.