‘Appointment of judges unconstitutional’

THE Trinidad and Tobago Civil Rights Association last week expressed its’ displeasure with the “unconstitutional” manner in which Judges have been selected.

In a letter sent to the Registrar of the Environmental Commission and copied to Prime Minister Patrick Manning,  the Association questioned the legitimacy of the input of politicians into the Judge selection process. According to the Association this is, “inconsistent with the Constitution of our country.” The letter stated that in the past, Cabinet along with an independent committee made recommendations to the President but did not get involved in the “handpicking” of judges.

According to the letter, “the political arm of the State must not appoint and/ or remove judges. The Judges of the Environmental Commission perform judicial functions as, in most of the matters which they hear and determine, the Government is a party to the litigation before it. Serious questions therefore arise as to the appearance of judicial bias and the breach of the rules of natural justice.” The letter went on to state that the Government should not be allowed to select judges to determine cases before the court and not appoint those who they may not like.

The failure of the Cabinet to appoint an Independent Committee to select the new members of the court and the refusal of the Cabinet to re-appoint the former Chairman of the Commission without a stated reason was also criticised by the Association. The Association referred to the appointments as , “null and void and of no effect, infringing on the judicial rights of individuals of Trinidad and Tobago.” It also made a call to all judges who were appointed by politicians to decline to perform any judicial functions saying that any decisions made by such persons would be illegal.