Rumble in the Judiciary

Three High Court judges, speaking anonymously with Sunday Newsday, expressed discomfort with the situation revealing some rumbling among colleagues on the bench.

Since the silks (senior counsels) made their voices heard on the issue Friday, a few judges, both in the criminal and civil arenas, have expressed their concerns within the hallowed walls of the Judiciary, with one judge describing the way judges have been appointed in the last ten years, as “several years of unchecked arrogance”.

Not only has the brandy watered down, another judge commented, but the chicken was scratching the ground for appointees to the bench. The judge went further to state given the damage done in the Ayers-Caesar’s issue, it would be many more years before the Judiciary is restored to public esteem.

The three judges said Friday’s joint statement by 11 silks calling on the Judicial and Legal Services Commission (JLSC) for further and better particulars on Ayers-Caesar’s unfinished cases in the magistrates’ court which led Chief Justice Ivor Archie, who heads the JLSC, to accept her resignation was unprecedented.

In a separate statement Friday, Law Association president Douglas Mendes SC said Ayers-Caesar’s elevation had created the risk of that her part-heard matters would have to be heard over again. In response to a petition for a debate on a resolution calling for Archie’s resignation, Mendes said a meeting will take place on June 5.

On the developments, one judge said, “Unfortunately, this is the culmination of several years of unchecked arrogance, because far too long inappropriate appointments have been made and when judges expressed concerns, they are deemed to be disgruntled malcontents.” Another judge commented, “The current issue is not whether the Chief Justice should resign. It is whether the JLSC can operate in a manner in which there are standards of independence, fairness and transparency.

“We are concerned about the future of the institution and confidence the public is asked to repose on those who are suppose to cross all barriers.” Yet another judge said it is very shocking what is happening. “It is a poor exercise of discretion and I can tell you, don’t feel judges have not been complaining directly about these matters.” Yesterday as well, Justice Paula Mae-Weekes, who retired only last month as an Appeal Court judge, told Sunday Newsday the current issue of the appointment of judges by the JLSC, must be fixed immediately, “or it will keep re-occurring”.

Weekes said Ayers-Caesar had some 15 unfinished cases in the magistrates’ court, but noted she is not singular when it comes to judicial officers leaving unfinished business to take up other appointments.

Mae-Weeks said, “If how it is done is not purged, it will happen again and again.” Ayers-Caesar was appointed on April 24 which led to her resigning as Chief Magistrate, but she presided in the Third Criminal Assizes (San Fernando Supreme Court) for just four days during which senior attorneys raised concerns about her part-heard preliminary inquiries, some involving murder charges pending for as many as five years.

That same week, prisoners complained loudly in the dock of the Port-of-Spain Magistrates’ Court when their cases were called and Deputy Chief Magistrate Maria Busby Earle-Caddle, told them she could not say when their cases would be assigned to a magistrate for restart.

On April 27, Ayers-Caesar issued a release that she had resigned as a judge and apologised for not having informed the JLSC of the full state of her unfinished matters.

Archie then moved to reappoint Ayers-Caesar to the magistracy but senior attorneys, among them Pamela Elder SC, criticised the move as an act that would render Ayers-Caesar functus officio (whose time has expired).

JLSC sources said Reginald Armour SC has been retained to give a legal opinion regarding Ayers-Caesar’s possible reappointment to the magistracy. Yesterday, Armour declined to confirm he was so retained when asked whether this was why he did not join with the other silks in expressing their concerns.

Armour said, “I am not at liberty to discuss with the media, nor am I prepared to issue a statement due to a professional obligation I have.

I’m not allowed at this time.” Senior Counsel Hendrickson Seunath, a former vice president of the Law Association, said yesterday he would have preferred the silks’ call for a meeting with Archie rather than issue the joint statement.

“We must not appear to be wanting to crucify the CJ. It is not good for the public who repose their confidence in the judgments judges hand down. I would have preferred the senior attorneys in the country seek an audience with the CJ and ask him the questions and if it comes to a position where we have to suggest that he step down, then we do that.”