Haul in CJ Archie for answers

“They must have discussions on the issue,” Khan said at a media conference at his law chambers on Abercromby Street, Port-of-Spain yesterday. “The judiciary must not be brought into further disrepute,” Khan stressed. Ayers-Caesar, appointed a judge by Carmona on April 12, resigned 15 days later after prisoners near-rioted in the court she presided over as chief magistrate.

Last Friday, 11 prominent senior counsel - of which Khan was one - indicated it would be imprudent and unwise for Ayers-Caesar to resume her duties at the lower court.

Khan said it was imperative that an inquiry into what transpired take place, adding if there is evidence of misbehaviour in public office, the President must ask the CJ to stand down, while a tribunal is appointed to investigate.

“Given the crisis the Judiciary is in, it is crucial that he (Carmona) speaks out now,” Khan said.

He added that the facts had to come out on whether the JLSC, chaired by the CJ, did not engage in due diligence by enquiring of Ayers-Caesar the number of partheard matters she had on her docket or whether she misrepresented that number as claimed by Archie in his statement following her resignation as a judge.

“The question must be asked, ‘did she disclose the number of part-heard matters and why wasn’t she given time to finish them? What was the rush (to appoint),” Khan asked. He pointed to Constitutional provisions for the removal of a Chief Justice and said Prime Minister Dr Keith Rowley has a crucial part to play in the imbroglio, since it is for him and his Cabinet to recommend to the President that a Tribunal be appointed.

“Avoid a vote of no confidence.

Avoid questions being asked of you,” he said, in reference to a petition to be debated next month by the Law Association which is calling for Archie and the JLSC to resign. Khan has also written the President raising questions on the constitutionality of the JLSC which sits with only four members and not five as prescribed by Section 110 of the Constitution.

He said this is also a grave issue as it could result in a further crisis since all appointments made by the JLSC could be illegal, null and void.

“The ball is in the President’s court,” he said.