START OVER

A brief statement from the Judiciary’s Court Protocol and Information Manager Alicia Carter-Fisher yesterday said “consensus” was reached at a meeting on Wednesday between key stakeholders to have all 53 matters restarted de novo (a fresh).’ Acting Chief Magistrate Maria Busby-Earle Caddle will preside over all indictable cases, while all summary matters will be taken over by an assigned magistrate at the Port of Spain Magistrates’ Court.

All other Eighth Court matters which were not started will be managed by Earle Caddle. The judiciary statement said priority will be given to the 53 matters which will be actively case managed using the new Criminal Procedure Rules (CPR) of 2016, “having regard to the hardships already experienced by the incarcerated, accused on bail, victims, witnesses and other stakeholders within the system.” Present at the meeting on Wednesday were Chief Justice Ivor Archie, Director of Public Prosecutions Roger Gaspard, SC, Law Association vice president Rajiv Persad, members of the Criminal Bar Association (CBA), the acting chief magistrate, senior magistrates and the Registrar of the Supreme Court.

This decision comes almost a month after former chief magistrate Ayers-Caesar resigned on April 27 as a judge, when it was revealed by the Chief Justice that she misrepresented the number of cases left unresolved before her elevation to the High Court. It comes a week before attorneys are expected to debate a motion of no confidence in CJ Archie and other members of the Judicial and Legal Services Commission (JLSC) over the bungling of Ayers-Caesar’s appointment.

WHY SO LONG TO RESOLVE? President of the Criminal Bar Association Pamela Elder, SC, whose Chambers has five cases now in abeyance by Ayers-Caesar’s appointment and subsequent resignation, asked why it took so long for the Judiciary to arrive at a solution. “What were they waiting on? The case law is clear,” she said.

Elder said it is extremely offensive that no consultation was held with attorneys involved in the 53 cases.

“The Chief Justice should have done the courteous thing. Courtesy demands the attorneys involved be consulted especially when they sought constructive suggestions from interested parties,” Elder said yesterday.

And now that a decision has been taken to restart the cases, Elder wonders who will pay the legal fees of accused persons who have been without bail; some for over half a decade. “Do they expect attorneys to just roll over and continue (with the cases)? Perhaps those attorneys from the CBA who came to this decision would do these cases pro bono (free),” she said.

Elder emphasised that the Judiciary’s statement was confusing as it is a total shift from the initial press release which indicated no case would be affected as all that was left behind were paper committals, which could be continued by another magistrate.

She said Ag Chief Magistrate Earle Caddle has repeatedly told attorneys the new CPR does not apply to preliminary inquiries.

She intends to write to the acting chief magistrate asking for clarification on the position but she also wants to know who will foot the bill for the transcripts of the cases to be started afresh.

DALY: JLSC MUST LEAVE For his part, Martin Daly, SC, yesterday called on members of the JLSC headed by CJ Archie to do the honourable thing, “and and pack up and go.” He said it was absolutely shocking that yesterday’s media statement offered no apology by the JLSC, which he said was refusing to accept responsibility for the imbroglio.

This, he said, has only hardened his position that the entire JLSC must resign.

Admitting he is not a criminal attorney, Daly said the decision taken on Wednesday could give rise to those who have been incarcerated without bail on capital offences, to argue that they have been deprived of protection by the law.

“You are prolonging the incarceration of presumed innocent people.

This (the decision taken) is unsatisfactory as it is just aimed at keeping the status quo,” Daly said, adding the question of legal fees now arises.

Daly, one of eleven senior counsel who called on the JLSC to account for the administrative blunder of Ayers-Caesar’s elevation, said while there is a need to examine the process of appointment of judges, “we have an injustice on our hands now.”

KHAN: THEY KNOW NOT WHAT THEY DO Another attorney, Israel Khan, SC, who was the first to label the imbroglio caused by Ayers-Caesar’s elevation as a “scandalous state of affairs”, yesterday said the judiciary’s statement was an admission that the JLSC does not know what it is doing. “It is an admission that they were wrong,” Khan said, adding that Ayers-Caesar should not have been made to resign as a judge.

He is still calling for an investigation, adding that the decision taken on Wednesday should have been implemented immediately following the former chief magistrate’s appointment as a judge. “Under the Criminal Procedure Act they would have known right away that these cases would have had to be restarted.

A serious study of criminal procedure should have taken place. They have said they will be expedited but this entire thing has cost millions,” Khan said.

Newsday understands that the Legal Aid and Advisory Board’s tenure came to an end on May 15 and a new board is yet to be appointed by government.

As a result, the Legal Aid and Advisory Authority cannot appoint attorneys to represent accused persons nor can they approve legal fees.

Also speaking yesterday was Opposition Senator and attorney Wayne Sturge who said, “This was the obvious way forward as there was literally no other option. Sadly in TT, paper committals don’t work the way they are meant to and with the criminal bar being so small, delay is inevitable.

The other obvious issue is the hardship which would be occasioned by the accused who will have to find money to pay for the new proceedings.

“I am sure that legal proceedings will be brought to reimburse them for the cost incurred which has been wasted by no fault of their own. Don’t be surprised if there is mayhem. You can’t expect a man to lose seven years of his life in custody and simply accept that the administration of justice ‘made a mistake’. We are all enjoying our liberty while they are suffering