Khan, SC: CJ Archie not above the law

Senior Counsel Israel Khan says Chief Justice Ivor Archie is not above the law and is calling for the members of the Judicial and Legal Services Commission – which the CJ heads – to put country first and resign. “The JLSC should not be operating under the cloud of impropriety…Country first, then status and importance,” he said.

His call comes the day after the Law Association told members two senior counsel had been retained to advise on whether there are grounds to approach the prime minister to have him invoke the impeachment proceedings set out in Section 137 of the Constitution. The vociferous senior attorney said Archie’s apparent nonchalant attitude in the face of mounting allegations against him meant he would not resign his office.

Khan was also critical of the Government for not taking action by triggering Section 137 so that a tribunal can be established to investigate the CJ’s actions. Khan reminded that it was he who advised the then Police Commissioner to charge former CJ Satnarine Sharma, who was eventually exonerated.

“Chief Justice Ivor Archie is not above the law,” Khan said, as he warned that failure to act could lead to the destruction of the judiciary.

Archie is out of the country on personal business, and the association’s executive said once it has received the advice of the two senior counsel it will consult with its general membership on the next step.

The association’s president Douglas Mendes, SC, and senior member Elton Prescott, SC, met with Archie on November 30 to express the council’s concerns on the allegations that he discussed the matter of personal security for judges with someone outside the judiciary and that he recommended people to the Housing Development Corporation for accelerated housing grants. The association has also set up a commission to investigate the allegations which is to report back to its council on December 29.