Chief Justice Ivor Archie and Judicial and Legal Service Commission (JLSC) members got little support from the legal fraternity during the Law Association’s vote of no confidence in them on Thursday.
While members of the media were not granted permission to sit in on the historic meeting, the T&T Guardian obtained a recording of the meeting in which the issue of Archie and the JLSC’s handling of the short-lived appointment of former chief magistrate Marcia Ayers-Caesar was discussed. The five motions stating the association’s loss of confidence in the parties and calling on them to resign was eventually passed by a ratio of two to one.
Of the dozen members who addressed the meeting of approximately 500 members present, only three were in opposition of the motions. The members were veteran attorney Gregory Delzin, Annabelle Sooklal and Rosanna Lezama, who was called to the bar two weeks ago.
Delzin, in his brief address to members, described the motion as being politically motivated.
“This is nothing more than political hysteria from lawyers who have political interests. I refuse to be used,” Delzin said.
Delzin said the association’s members could not make a sound decision on the motions as they were not fully apprised of the facts surrounding the issue, noting most of the information came from press releases issued by the Judiciary and the JLSC.
“This entire vote is premature. There is no factual basis for it,” Delzin said.
His opinion was supported by Lezama.
In her brief contribution, Sooklal said the association was attempting to hold Archie and the JLSC to an overly high standard, as background checks as to Ayers-Caesar’s unfinished cases exceeded due diligence requirements.
Former government senator Robin Montano openly admitted he was personal friends with Archie and JLSC members, retired judges Humphrey Stollmeyer and Roger Hamel-Smith. But he called on members to put personalities aside when casting their votes.
“This unfortunate matter which brings us here today is not about whether they are good, bad or indifferent men, this matter is much more serious as it goes to the heart of our democracy,” Montano said.
He said the vote was a moral one as opposed to legal and members should make the right decision as citizens look to lawyers as leaders in society.
Senior Counsel Israel Khan, Alvin Fitzpatrick, Martin Daly and Anand Ramlogan presented submissions in support of motions as they referred to facts surrounding the issue to point out inconsistencies by the JLSC.
Fitzpatrick said: “I am concerned about the most recent statement that suggests that the JLSC does not appoint judges. Strictly speaking, that statement is inaccurate. JLSC recommends appointment and the process of appointment is made by the President.”
Khan suggested that an investigation was also needed into the issue as criminal offences may have occurred.
“If it is true that she (Ayers-Caesar) misled the CJ and the JLSC by withholding information, then she committed serious criminal offence of misbehaviour in public office. We want to know the truth,” Khan said.
In his submissions, Ramlogan sought to refer to questions raised about Avason Quinlan-Williams’ appointment and the fact that the JLSC was missing a member when the decision on the appointments was made.
Ramlogan was informed by association president Douglas Mendes, SC, that the issue being debated was solely the handling of Ayers-Caesar’s appointment, but Ramlogan said a vote of no confidence should not be done in a vacuum.
“We represent the public and the public is of the view we are failing them. It is not impeachment or resignation I am seeking but sending signal that all is not well and we are not prepared to fold over and sweep this under the carpet,” Ramlogan said.
Daly in his contribution repeated noted that Archie and the JLSC had failed to take responsibility for their blunder.
“They have tried to put the blame on everybody besides themselves. I would have been more forgiving on the matter if they had man up and take responsibility,” Daly said.
Ayers-Caesar was reportedly invited by the association to make representations at the meeting or in writing but declined through her attorney Ramesh Lawrence Maharaj as she said that she was still in negotiations with the JLSC and President Anthony Carmona.
