Bar Ayers-Caesar from being a judge

In a statement yesterday, Abdulah commented on the controversy of Ayers-Caesar resigning as a High Court judge two weeks after her appointment on April 12 due to outstanding cases. Abdulah said described the situation as “the most recent crisis in our justice system” and one that the MSJ viewed “with alarm.” “The appointment and then almost immediate resignation of Mrs Marcia Ayers-Caesar has severely undermined the already low confidence which the public has in the justice system and the criminal justice system in particular,” he said.

He added the MSJ does not accept “sanctimonious statements issued on Thursday evening by Mrs Ayers-Caesar and Chief Justice Ivor Archie as being satisfactory explanations for this imbroglio.” Abdulah said when hiring employee the employer would ask when the employee would be available to start and this is a daily experience.

“These are not matters that require ‘mature reflection’ as Mrs Ayers-Caesar would want us to believe. It is simply a matter of taking one’s responsibilities very seriously. When those responsibilities involve the justice system then the persons who have been given that responsibility must act in a manner that gives confidence to all that he or she is able to discharge their duties properly.

Mrs. Ayers-Caesar has spectacularly failed that basic test.” Abdulah said Ayers-Caesar knew what cases were before her as chief magistrate and the implications for the justice system if she no longer sat in that position.

“She was fully cognizant of the fact that accused persons would suffer for longer periods in jail awaiting the completion of their preliminary enquiry.

She knew of the increased legal costs to the state and especially to defendants. She knew that years of judicial time – for the courts, attorneys, witnesses - would be lost as matters would have to be re-started.

She was aware that there could be likely constitutional challenges to the process. Yet she simply claims ‘that it would have been preferable that I advise the Judicial and Legal Services Commission of the full slate of my list’. No, Mrs Ayers-Caesar it would not have been preferable, it was obligatory!” Abdulah said the MSJ believes Ayers-Caesar must never in the future be considered for appointment to the High Court.

“Her lack of judgment disbars her from such office.” Abdulah said the Chief Justice and the other members of the Judicial and Legal Services Commission (JLSC) are also culpable.

He said the Chief Justice has failed twice: firstly as JLSC chair to ascertain the status of Ayers-Caesar’s case list, and secondly, to be open about the problems when through the court and protocol officer “an attempt was made to bramble citizens with talk of paper committals.” Abdulah pointed out that it was only after the affected persons whose matters were being heard by Ayers-Caesar engaged in protest action and persistent criticisms from members of the legal profession, including the Law Association, that the resignation took place.

“This latest crisis of confidence in the justice system and the criminal justice system needs to be addressed urgently. Under all the circumstances, the entire JLSC ought to resign. The position of Chief Justice Archie is increasingly becoming untenable.”