Archie declines request for meeting with judges

Chief Justice Ivor Archie will not be meeting with his judges to discuss allegations in a series of newspaper articles.

A request for a meeting with Archie was made by High Court judge Carol Gobin two Fridays ago to discuss, what she said were, “very serious and scandalous allegations” concerning Archie’s conduct.

“If it turns out these sordid allegations are without any foundation or truth, then I believe we are duty bound to forcefully defend the office of Chief Justice and the judiciary,” Gobin said.

However, in a response on Tuesday, Archie said, “I have given deep consideration to the ‘request’ (by Gobin) for a meeting and unfortunately must decline.”

He said he too shared Gobin’s concern that discussions at judicial meetings were “ending up in the public domain” in particular the media.

“For this reason, I recoil at the very idea of placing the bench in such a position again,” he said, adding that these meetings have “too often” been the subject of media gossip and scrutiny.

Archie further noted that Gobin’s emails have also ended up in the media “almost as night follows day.”

“I am reasonably certain that Carol would not be the person leaking her own correspondence to the media as such regularity of pattern would surely throw a light on her as the person with definitive links to the media for all things which should be private among us,” Archie said.

He told his judges, “I, therefore, take this opportunity to ask whoever is going to the media with our private correspondence and reports of our discussions to please stop immediately.”

Archie said the leaking of information puts all judicial officers at risk and tarnished their reputations. “It is like the proverbial metaphor of the attempt to throw faecal matter onto an oscillating cooling machine. It spatters everywhere and no one’s garments emerges as white as the driven snow.”

He said while he would “truly love” to have more meetings with judges, the knowledge that “thinly veiled media is actually present in the room, runs the risk of making such meetings counter-productive.”

Archie, however, reminded judges his door was always open to them, and called on whoever was responsible for leaking information to the media to find the nerve and strength of conviction to name themselves to all the judges and say why they did so.

In a letter to judges on Friday last, Gobin said she was disappointed by Archie’s response to her request.

“He fears that a meeting would be counter-productive as persons with an agenda and connections would leak private discussions to the press,” Gobin said.

“The argument is in my view unconvincing. I had hoped that the Chief Justice could be persuaded to make a public statement as I believe it remains incumbent on him to do. The risk of “leaks” can be avoided if he were to speak directly and simultaneously to the public, the media, and the judges.”

Gobin said it was also disturbing and astounding that new allegations have been raised since she called for the meeting yet Archie “has continued to remain silent, oblivious it seems to the effect of this scandalous state of affairs on the Judiciary.

“I confess that I am somewhat confused by his response. The Chief Justice apparently recoils at the very idea of placing the bench in some position resulting from perceived leaks to the media but has, so far, not acknowledged the deleterious position in which he has placed us by leaving very grave allegations unanswered. For my part, I recoil at his having brought us to this.

“Not surprisingly, the Chief Justice has sought to turn this on me. In this regard, his response is clichéd. I am to be blamed for this because my writings are “leaked” to the press?” she asked.

“I have over the years expressed my views on matters concerning the administration of justice and the judiciary via email forum to members of the Judiciary. They are generally matters in which the public has an interest,” she said, as she identified some of them.

“The fact that I have raised them in the particular forum does not in my view, render the writings confidential. I am reasonably certain and I say so with genuine humour, that they generally remain unread by most of my colleagues. I suspect too that I am auto blocked or instantly deleted.

“A leak by any other name is a leak. You will understand why unless the allegation of that “friendly leak” is refuted, or at best addressed, all concerns expressed by the Chief about “leaks” of my writings ring hollow. I am unfazed,” she said.

“While I am loathed to prolong the reference to the gross proverbial metaphor the Chief Justice felt it necessary to use, I have to say that from the tone of his response it does not appear that the head of the Judiciary is aware that it has already hit. The mess, the stench of it is everywhere. It is his responsibility to begin to clean it up if he can. He will first have to recognise that he is accountable to the institution and the country.”