Ramesh: She was fired like an ordinary employee

Attorneys representing the JLSC and the AG appeared yesterday before Justice David Harris in the San Fernando High Court. They were given until September 8 to file their objections to the court granting leave to the former chief magistrate for judicial review.

Her attorney senior counsel Ramesh Lawrence Maharaj launched a scathing attack on the JLSC and Office of the President saying Ayers-Caesar was constructively dismissed from the bench like an ordinary employee.

Ayers-Caesar yesterday arrived in a white Mercedes Benz which pulled up in front the courthouse and she alighted dressed in all black jacket and skirt to be greeted by a barrage of television and press photographers.

She was followed by a few friends and relatives into the courtroom. She sat in the courtroom and bowed her head during the proceedings. It was her first official public appearance since she was “fired” as a judge for failing to declare to Archie and the JLSC that he had left 52 part-heard cases unfinished in the magistrates court.

Maharaj said the case was one involving important principles in safeguarding the independence of judges and their security of tenure.

He said the actions of Archie and President Anthony Carmona were a far cry from what Section 137 of the Constitution mandates for the removal of a judge from office.

He said on April 10 the JLSC expressed its desire to find a workable solution to dealing with the partheard cases. But Ayers-Caesar was summoned by Archie to a meeting on April 27 and asked to tender her resignation. Maharaj submitted his client was told about a prepared media statement after which Archie left the room to take a telephone call from the Office of the President. He said Ayers-Caesar was told by Archie upon returning to the room that he was under pressure from the president who was expecting her at 5 pm that day. A resignation letter was then given to her by Archie’s secretary, Maharaj said.

He submitted Section 137 gives constitutional guarantee to judicial officers against their removal from office except by the procedures provided, but Ayers-Caesar was forced to resign and, if she did not the JLSC would have removed her from office.

Assuming but not admitting, Maharaj said to Harris, if Ayers-Caesar had misled the JLSC, Archie should have advised Carmona that the question of her removal from office should be investigated.

Maharaj, instructed by attorney Ronnie Bissessar, took issue with Carmona accepting Ayers-Caesar’s resignation. He told the judge Carmona participated in the JLSC’s unlawful pressure by agreeing to accept the resignation. He asked the judge to note that it was the judiciary that made the call to President’s House. Senior Counsel Russell Martineau, who is leading Senior Counsel Deborah Peake and attorneys Ian Benjamin and Ian Roach for the JLSC, told Harris he would reply to Maharaj in written submissions. He is to do so by September 8. The judge fixed the case for 3 pm on September 29 at the Hall of Justice, Port of Spain.

Senior Counsel Reginald Armorer, instructed by Ravi Nanga is representing the Attorney General.