Daly: Ayers-Caesar case can’t be secret

In an interview with Newsday yesterday, Daly says there were several legal authorities on the “open court principle” which dictates that the law belonged to the people and access to the legal system was a basic right and a public good.

“The open court principle is a key component to the rule of law,” Daly emphasised.

The open court principle, in practice, means that court proceedings, including evidence and documents disclosed, should be open to public scrutiny and was important for informing and educating the public while enhancing accountability and deterring misconduct.

Daly noted the court action filed by Ayers-Caesar on Wednesday last was a public law matter and “closed justice” should only be allowed in extreme circumstances.

According to Daly, what was disturbing was if there was to a be a monetary settlement between the parties, who would pay? “You can’t keep it secret and settle with public funds. It is not a private libel case,” he said. Newsday understands that attorneys for Ayers-Caesar have requested of the Registrar of the Supreme Court the procedure for the sealing of a case filed and on whose instructions was this done in the application filed by the former Chief Magistrate.

Ayers-Caesar has filed a judicial review application seeking to have the courts review the decision of the JLSC and the President to revoke her appointment as a High Court judge two weeks after she was appointed on April 13.

However, all the documents in the case - which has been assigned to Justice David Harris and has been given a case number CV 2017-02628 - have been sealed although it is not clear who ordered this.

It was also revealed that if discussions on a possible settlement - which is ongoing between the parties - fail, moves will be made to have the hearing of the application be done in private.

No date has been set for a first hearing.

Sources have said Ayers-Caesar’s lawsuit had three affidavits attached - one from Ayers-Caesar, her husband and friend Magistrate Cheron Raphael. Ayers-Caesar’s husband and Raphael were present at her swearing-in ceremony at the Office of the President in April.

A pre-action protocol letter dated June 16, 2017, points to certain pieces of evidence on which the former Chief Magistrate’s case will be hinged - among them private email exchanges between the Chief Justice and the Chief Magistrate.

Ayers-Caesar is asking for a review of the JLSC’s decision to seek her resignation by means of “unlawful pressure.” She said she was pressured to resign by Archie and had she failed to do so, she was told he would recommend that her appointment be revoked.

Ayers-Caesar is represented by Senior Counsel Ramesh Lawrence Maharaj.