Ruling on May 8 in Law Assoc appeal on Archie

THREE appellate court judges have been urged by attorneys representing Chief Justice Ivor Archie to not permit, by way of a judicial fiat, the Law Association (LATT) to continue with its investigation into allegations of misconduct against their client.

“That process runs the risk of impairing and damaging the judiciary,” was the warning of attorney Ian Benjamin, a member of Archie’s legal team.

Benjamin was responding to the association’s appeal of a judge’s ruling which barred it from continuing its investigation against Archie.

The CJ, who is on a six-week vacation, was not in court for the appeal heard yesterday by Acting Chief Justice Allan Mendonca, and Justices Peter Jamadar and Nolan Bereaux.

They will give their decision on May 8.

Also listening to the submissions were members of the inner bar who have spoken out on the issue involving the Chief Justice: Senior Counsel Martin Daly, Sophia Chote, Claude Denbow, Gilbert Peterson, Seenath Jairam, Avory Sinanan and Israel Khan. Senior Counsel Douglas Mendes as president of the association was also present, along with members of his executive.

Archie, in March, filed a judicial review application to prevent the association from seeking external advice on whether there was sufficient grounds to approach the prime minister to invoke the impeachment provisions of section 137 of the Constitution.

The LATT conducted its own investigations into allegations contained in media reports that accused him of attempting to persuade judges to change their State-provided security in favour of a private company where his friend, Dillian Johnson, worked.

Archie was also accused of attempting to fast track Housing Development Corporation (HDC) applications for various people. Archie has only responded to the allegations once and denied discussing judges’ security, but admitted to suggesting people for HDC housing.

Justice Nadia Kangaloo, who presided over the CJ’s lawsuit, held that the actions of the association were illegal.

In submissions yesterday, Benjamin accused the Trinidad Express newspaper of carrying out a

“vitriolic campaign” against Archie, adding that the association, by carrying out its own investigations into the allegations, and engaging the media, ran the risk of contributing to the campaign against his client.

“The Law Association is a creature of statute; a public body and must hold itself to particular standards.”

While admitting that the media, the police or any member public can conduct an investigation into a judge’s conduct, Benjamin said the LATT could not.

He said that process would cause damage to the Judiciary and the administration of justice.

“It is a parallel or shadow investigation which usurps section 137 provisions.”

Section 137 sets out the process for the removal of a Chief Justice from office.

“What the association was doing was recreating an ad hoc process that mimicked section 137 or shadowed it which they cannot or should not do.”

In faulting Kangaloo’s finding, the association’s lead attorney Christopher Hamel-Smith SC argued that the association was entitled to make a complaint to the section 137 decision maker and, as a responsible body, sought to ascertain the facts behind the allegations.

While admitting that the LATT had the same power of a citizen to make a complaint, Hamel-Smith also said the body also had a duty to protect judges from unwarranted attacks and to do so it had to embark on a fact-finding mission.

Archie was also represented by John Jeremie, SC, Kerwyn Garcia and Keith Scotland, while association was also represented by Jason Mootoo, Rishi Dass and Robin Otway.