Senior Counsel Israel Khan has written to Director of Public Prosecution Roger Gaspard suggesting that a police investigation be launched to determine whether Chief Justice Ivor Archie is guilty of misbehaviour in public office in what he terms the “unfortunate constitutional crisis involving former chief magistrate Marcia Ayers-Caesar.
Khan also wants a similar investigation into Ayers-Caesar.
Khan penned two letters to Gaspard on Monday reminding him of a letter he (Khan) had sent on June 9 requesting Gaspard to invoke his powers under Section 90 of the Constitution to request the Commissioner of Police to appoint a senior officer to “conduct a thorough investigation to ascertain whether Mrs Marcia Ayers-Caesar had committed the common law offense of misbehaviour in public office.”
This, he said, related to “the present constitutional crisis vis-a-vis the 53 outstanding matters left in abeyance” by Ayers-Caesar.
Khan noted that the CJ had said he was not to blame for the crisis and laid the blame on Ayers-Caesar. But he pointed to the “public revelations of very alarming information made by Mrs Ayers-Caesar” in the Sunday Guardian dated June 11. He said the information, if true, suggests that “perhaps the learned Chief Justice is the person to be blamed for this sordid affair and thus a police investigation should focus on him.”
Khan said a “meticulous police investigation would reveal the true facts as to who misled whom,” adding this is a “very serious matter and should not be swept under the proverbial carpet.”
The rule of law, he said ,”demands an impartial investigation into this constitutional mess in order to ascertain the true facts.”
Khan said the investigation into Ayers-Caesar should be triggered by the press release issued by the CJ, “in which he categorically stated that Mrs Ayers-Caesar indicated to the JLSC that only two summary cases and a few paper committal matters constituted the quantum of her part-heard matters and it was on that basis the JLSC advised the president to appoint her a judge of the high court.”
Subsequently, he said it was revealed there were 53 outstanding part-heard matters and simultaneously, it was announced that Ayers-Caesar had resigned her position as a judge and that the JLSC was contemplating disciplinary proceedings against her.
He said in Ayers Caesar ‘s case, it appeared that she lied to the JLSC about the magnitude of her part-heard matters because “she wanted an immediate or as soon as possible appointment to the High Court.”
“She could not have cared less. She was selfish and irresponsible,” he said.
With the CJ having placed the blame squarely at the feet of Ayers-Caesar, Khan said only a “meticulous police investigation would reveal the true facts as to who misled whom and who is to be blamed and most of all who misbehaved in public office.”
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