Law Association hails Privy Council ruling

In a statement on Tuesday, association president Douglas Mendes SC, said the Court of Appeal affirmed, “in no uncertain terms” the role of the Supreme Court as guardian of the Constitution and protector of the rule of law.

Mendes was commenting on the Privy Council’s decision in former head of the Pubic Service Reginald Dumas’ legal challenge of the appointment of Dr James Armstrong and Romar Achat- Saney to the Police Service Commission (PSC) by the President, in 2013.

“By permitting access to the Supreme Court to persons such as Mr Dumas, whose primary concern is to act in the public interest, the Court of Appeal took a major step towards holding public officials accountable for the discharge of their public duties, no matter how high the office they may hold,” Mendes said.

“We congratulate Mr Dumas on the selfless contribution he has made to the development of our constitutional jurisprudence.

We also commend the liberal vision of the Curt of Appeal displayed in its impressive judgement,” Mendes added.

The Law Lords in their ruling said the case raised “an important question about the jurisdiction of the High Court to hear an application by a citizen for the Court to interpret a provision of the Constitution.” The appellate court and the Privy Council had found that there was no established tradition in Trinidad and Tobago which prevented a citizen with a legitimate interest in upholding the Constitution and the rule of law.

In their ruling, the British Law Lords also held that the question raised by Dumas was one for the court to decide.