Anand goes after JLSC

Ramlogan, who is acting on behalf of former UNC minister Devant Maharaj, is questioning the constitutionality of the appointments of retired judges Roger Hamel- Smith and Humphrey Stollmeyer to the JLSC.

He said Maharaj, in the public’s interest, intends to approach the High Court seeking an interpretation of the Constitution as it relates to the JLSC’s composition.

Members of the JLSC are Archie; chairman of the Public Service Commission Maureen Manchouk and retired judges Roger Hamel- Smith and Humphrey Stollmeyer.

Ramlogan questioned the legality of Hamel-Smith and Stollmeyer’s positions given they have attained the retirement age for judges at 65 years, since Sections 110 (4) and 136 (1) states no person can be appointed or continue to serve as members of the JLSC, if they are over 65.

“This means both members are disqualified from serving and hence their appointments are illegal, unconstitutional, invalid, null, void and of no legal effect. Even if their appointments were proper, it is plain the JLSC is not properly constituted with four members in the face of Section 110 which clearly contemplates a minimum of five members,” Ramlogan said.

“This is an important distinction, particularly when one has regard to the fact that there is no representative from the Law Association or the Bar on the JLSC. Plainly, it was desirable to have some input from the bar and this is the only possible avenue for same,” Ramlogan said. He added that the President is obliged to act in accordance with the law, when making appointments to the JLSC.

In rationalising the need to bring legal proceedings against the JLSC, Ramlogan said Maharaj is of the view that there is a lack of transparency and public accountability in the process of appointing judges and this has undermined public confidence in the administration of justice. “The public is quite simply, ambushed by sudden announcements of appointments and promotions,” stated Ramlogan’s preaction protocol letter to Archie.

The letter was copied to President Anthony Carmona, Attorney General Faris al Rawi and the two retired judges.

“There is no opportunity for any meaningful consultation or feedback from the public as the most important stakeholder. By the time the public sees pictures of new judges in the media, the appointment is a fait accompli (something already accomplished or done) and hence there is no possibility for review or reconsideration. To this end, my client wishes to ensure that the JLSC is properly constituted in accordance with the law,” Ramlogan said.