CJ loses in court

UPDATE:

THREE of the most senior appellate court judges have ruled it is perfectly reasonable for the Law Association (LATT) to investigate allegations regarding the conduct of Chief Justice Ivor Archie. In separate written, but unanimous decisions, acting Chief Justice Allan Mendonca and Justices of Appeal Peter Jamadar and Nolan Bereaux upheld the association’s appeal of Justice Nadia Kangaloo’s initial ruling.

They also dismissed Archie’s judicial review application. Almost immediately, lawyers representing Archie – who went on vacation a second time this year on Saturday – sought an order preventing the association’s council from having its legal advisers Dr Francis Alexis, QC, of Grenada and Eamon Courtenay, QC, of Belize continue with their deliberations.

The two are to determine if there is sufficient material to trigger impeachment proceedings against Archie. The order was sought after the association’s lead counsel, Christopher Hamel-Smith, SC, indicated the LATT was only willing to give an undertaking it will not hold its special general meeting to discuss the report on the investigations of a sub-committee and the advice given by external counsel.

Hamel-Smith said he saw no reason for them to not carry on with their work in the interim. The injunction was granted until Monday when Archie’s attorneys will seek permission for conditional leave to petition the Privy Council in London.

In their ruling, the judges held that the Legal Profession Act did not confine the association’s ability to conduct its fact-finding exercise or, as Mendonca put it in his 68-page decision, “serve as a post box for such complaints.” In his 72-page decision, Jamadar was adamant that, “Accountability by public officers, including judges, is of paramount value in a democracy.”

“Discourse in the public sphere is both necessary and needed in order to sustain the democratic values of freedom and the rule of law – values which the Constitution expressly affirms and aligns.”

He said freedom to think and express one’s views were the “lifeblood of democracy.” Admitting it was “a most difficult matter to adjudicate” and “sit in judgement of one’s own Chief Justice,” Jamadar said the case emphasised the need for the independence, integrity, and impartiality of judicial officers.

“Judges, and especially Chief Justices, cannot be overly thin-skinned. They hold public office and decide cases, including cases involving the State. The stakes are sometimes high; lives, jobs, compensation, property, investments, reputation, family, freedom, causes, values and rights – can all be taken away by the actions of judicial officers. Parties win, and parties lose. Popularity is not an expectation that should be aspired to. But accountability is.”

In his 38-page ruling, Bereaux also expressed similar sentiments to those of his colleagues. “In my judgement the nature of these allegations cast serious slurs on the office of the CJ. They required strong and authoritative responses.

“Nothing of the kind has been forthcoming. When a response was in fact given, it was tepid and inadequate in the extreme. The longer the allegations went un-denied, the greater the damage to the office and the greater the negative impact on the administration of justice, however much it may have been in the best interests of the office holder to say little or nothing.”

He said the LATT’s enquiry was not binding on Archie, and the mere imitation of a section 137 investigation did not render it wrong. He was also critical of the CJ’s lawyers submissions, saying they were unduly restrictive of the rights of the public.

“They bear the hallmarks of an attempt to suppress the facts. If the allegations are false, as the respondent contends, then why stop the enquiry,” Bereaux asked. 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. He has only responded to the allegations once and denied discussing judges’ security, but admitted to recommending people for HDC housing. Appearing with Hamel-Smith for the LATT were Jason Mootoo, Rishi Dass and Robin Otway while John Jeremie,SC, Ian Benjamin, Kerwyn Garcia and Keith Scotland represented Archie.

ORIGINAL STORY:

THREE appellate court judges unanimously allowed the Law Association’s appeal of a judge’s decision to shut down its investigation into allegations of misconduct against Chief Justice Ivor Archie.

Acting Chief Justice Allan Mendonca and Justices of Appeal Peter Jamadar and Nolan Bereaux each gave their own written ruling to explain why they allowed the association's appeal.

They also dismissed Archie's judicial review application.

Although the decision of the court cleared the way for the association to continue with its investigation of the CJ, his attorneys immediately asked for a stay to prevent the body of lawyers from holding its special general meeting to discuss the allegations.

The stay, which was granted until Monday, also extends to the association's legal advisors, who will not be allowed to continue their determination of whether the allegations are sufficient to approach the prime minister to invoke section 137 of the Constitution.

That section sets out the process for the removal of a Chief Justice from office.

On Monday, Archie's attorneys will seek the local appellate court's permission to take their challenge to the Privy Council.

In March, Archie 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 did its own investigations into allegations in media reports that accused the CJof 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 trying 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.