Maroc - NEWSDAY.CO.TT - A la Une - 25/Mar 13:33

Lawyers group: Probe CJ Archie

THE Assembly of Southern Lawyers (ASL) is calling for Chief Justice Ivor Archie to be investigated for his role in the Judicial and Legal Service Commission (JLSC) pressuring former chief magistrate Marcia Ayers-Caesar to resign as a High Court Judge. Archie, as chief justice, is head of the JLSC. The ASL's call came on March 24, hours after this country's highest court – the Privy Council – upheld the Appeal Court's declarations and orders on the unconstitutionality of Ayers-Caesar's removal as a judge, since the JLSC did not follow the section 137 process. The Privy Council's ruling means Ayers-Caesar can, if she wants, resume duties as a High Court judge. In a statement, the ASL said the ruling was a critical and historic moment for constitutional law and judicial integrity in Trinidad and Tobago. "It finally confirms that the JLSC – acting as a collective constitutional body – exceeded its authority and acted in breach of section 137 of the Constitution by pressuring a sitting High Court judge to resign under unlawful and procedurally unfair circumstances. "The ruling is clear: the conduct condemned was institutional. The JLSC as a body – including all of its members at the time – is accountable for the decision-making process that led to the unlawful removal of a sitting judge. The Privy Council did not single out any one individual, but instead found fault in the collective failure of the commission to act within its constitutional remit." The ASL called for constitutional accountability and a response to the "constitutional breach." “The ASL is not calling for scapegoating or personal condemnation. We are calling for institutional responsibility. We are calling for the appropriate constitutional response to a constitutional breach. This moment is not about blame – it is about the restoration of public trust in the administration of justice." The ASL recommended an independent tribunal be formed to investigate the Chief Justice’s role in the matter. “This is not a judgment of guilt, but a constitutionally mandated mechanism for investigating serious breaches by high judicial office holders.” The body also recommended independent inquiries by the President into the institutional functioning and procedural integrity of the JLSC in 2017 and a parliamentary review of the commission’s accountability framework. “This is not merely a legal matter. It is a test of our Republic’s constitutional maturity. “When a constitutional commission vested with immense power acts unlawfully, there must be consequences — not to punish individuals, but to restore public trust in the institutions that guard our democracy. “We must protect the Judiciary not only from political attack but also from internal failures that erode its legitimacy.” Contacted for comment, Attorney General Camille Robinson-Regis said it would be premature to comment on the Privy Council’s ruling. “This matter involves the actions of two independent constitutional entities – the Honourable Chief Justice and the Judicial and Legal Service Commission. “Given the significance of this morning’s judgment, it would be premature to comment at this time. She said the Office of the Attorney General was "carefully reviewing" the decision. Law Association president Lynette Seebaran-Suite admitted it was a "complex decision," adding the association was considering the ruling before commenting. RAMESH: AN HISTORIC VICTORY Ayers-Caesar’s attorney in the matter was former AG Ramesh Lawrence Maharaj, SC. In a statement on March 24, Maharaj said he wanted to give his views on the ruling not as Ayers-Caesar's counsel but as a member of the legal profession. He said this was not only a victory for Ayers-Caesar but "also a historic and significant victory" for the principle that the judiciary must remain independent and judges must have security of tenure. Maharaj said the decision was a landmark ruling not only for TT and the Caribbean but all Commonwealth countries. He explained that Section 137 of the Constitution guarantees both judicial independence and security of tenure for judges. According to him, the Privy Council’s decision upheld the declarations and orders of the Court of Appeal on the unconstitutionality of Ayers-Caesar's removal since, the courts held, the JLSC did not follow the section 137 process. “Madam Justice Marcia Ayers-Caesar has made an important stand for the independence of the judiciary and the security of tenure of judges," Maharaj said, adding he would provide further comments at a press conference on March 27. In its ruling on March 24, the Privy Council held that Ayers-Caesar's forced resignation in 2017 was unlawful. The decision affirmed that Ayers-Caesar was wrongfully pressured into resigning by the JLSC, declaring her removal unconstitutional. Former ASL president Michael Rooplal said at the heart of the ruling was a section 137 breach. He said this was designed to insulate the judiciary from undue influence and protect its independence. Rooplal said the ruling now raised the “unavoidable question: Can the Chief Justice credibly remain in office?” “It is important to note the direct role of the Chief Justice in the resignation of Mrs Ayers Caesar. “The Judiciary is expected to jealously guard our constitutional rights and protect the rule of law. The Privy Council’s ruling effectively means that the very institution entrusted with protecting the rule of law has violated it. “This must be looked at as a crucial moment in the history of the Judiciary, one that demands decisive action.” He said with the public’s confidence in the justice system already low, the ruling brought the Chief Justice into further disrepute. Criminal Bar Association (CBA) president Israel Khan, SC, said the JLSC and Chief Justice were "were reckless and irresponsible in threatening, coercing and pressuring Justice Marcia Ayers-Caesar to resign." He also suggested disciplinary action taken against the Chief Justice. 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