HAMEL-SMITH, STOLLMEYER QUIT JLSC

The Office of the President in a media statement yesterday, announced the resignations of both men effective June 30. They tendered their resignations on June 22, 21 days after the Law Association passed a historic vote of no-confidence in Hamel-Smith and Stollmeyer and called on them to step down.

A call was also made for Chief Justice Ivor Archie as head of the JLSC to resign from that body as well as the post of Chief Justice. The resignation calls against Archie and the JLSC came after bungling in the appointment of former Chief Magistrate Marcia Ayers-Caesar as a judge and her subsequent resignation after it was revealed she left behind 53 unfinished cases.

ALL EYES ON ARCHIE Following the vote of no-confidence on June 1, Archie remained defiant in the face of calls for his resignation, going on record as saying, “I don’t think you can expect any resignation.” The statement from President’s House yesterday indicated that Stollmeyer by virtue of resigning from the JLSC, also resigned as a member of the Defence Force Commissions Board (DFCB).

Both judges alluded to ‘reasons personal to them’, for their resignations and thanked President Carmona for the opportunity to serve the country. Hamel-Smith’s resignation concludes 27 years of public service while Stollmeyer served 16 years as a puisne judge and judge of the Court of Appeal, the statement revealed.

Sources close to Hamel-Smith and Stollmeyer said both men were very concerned with developments surrounding the Ayers-Caesar brouhaha and did not want their reputations tarnished. The remaining JLSC members are CJ Archie, head of the Public Service Commission Maureen Manchouck and Ernest Koylass, SC. Sources say the JLSC can continue to function as three members constitute a quorum.

This issue was raised recently in the Court of Appeal which dismissed a challenge to the JLSC’s composition by former Opposition Senator Devant Maharaj.

‘THEY DID RIGHT THING’ Martin Daly, SC, who was one of several senior counsel to hold a historic meeting on the issue yesterday said, “I am happy Hamel- Smith and Stollmeyer have done the right thing. Their resignations demonstrate the value of resolute public opinion.

“The dates of the resignation letters and belated release announcing the resignations suggest to me there must have been some arm twisting for them to stay on the limp ship the JLSC has become,” he said.

Former attorney general Anand Ramlogan, SC, said yesterday, “This is a significant development and a red letter day for our democracy.

It is good to know institutions and individuals who hold high public office can respond to the voice of the people and respect the weight of public opinion.” Ramlogan said it was unfortunate the two did not make full and frank disclosure and explain why they resigned.

“The JLSC has suffered a terrible blow and must reassess its ability to fulfill its constitutional mandate.

There is an urgent need to reform this critical institution which at present, does not enjoy public confidence as a result of its own negligence and recklessness which resulted in a number of terrible blunders.

“The Chief Justice must now re-evaluate his own tenure and see whether he can salvage anything from this disaster. The loss of public confidence by the legal profession and public will not be easy to restore and the administration of justice has been brought into disrepute,” Ramlogan said.

BRING IN POLICE Attorney Israel Khan, SC, who has been extremely vocal on the issue, said yesterday, “The president must move immediately to fill these vacancies.” He also called on the DPP to instruct the Ag Police Commissioner to initiate an investigation into the conduct of the JLSC and Ayers-Caesar.

Khan said if the DPP sees no need for such an investigation, there should still be an inquiry.

Khan said he too wants to know the reasons behind both men’s resignations.

Ayers-Caesar was selected as a judge and sworn in at President’s House on April 12. Two weeks later, on April 27, she resigned and the CJ sent out a media statement saying she would be restored to the magistracy.

This later changed after it was revealed she was not forthcoming on the actual number of part heard cases left on her docket. She was accused of misleading the Chief Justice and JLSC. A statement from the JLSC on May 9, said Ayers-Caesar will not be returning to the magistracy.

The JLSC noted there is no electronic case management in the magistracy, thus making it impossible for it to check the case files of a successful applicant from the Magistracy. The imbroglio deepened when it was revealed that a meeting was held with stakeholders on May 24, and a statement from the Judiciary, the following day, said all of Ayers-Caesar’s 53 cases will proceed ‘de novo’ (from the start). The discontent by this decision saw a repeat of what led to the prisoners’ first riot.

Since then the cases remain stagnant as Director of Public Prosecutions Roger Gaspard has sought clarification of Ayers-Caesar’s status before he can exercise his jurisdiction under section 90 of the Constitution. The morass took a new turn when Archie admitted on June 12, to having made an error when the Judiciary announced a consensus had been arrived at to restart all 53 cases.

Archie said, “No such decision was made.” It was said that the Judiciary’s media statement was not properly worded. Ayers-Caesar has since initiated legal action as she insists she was forced to resign.