CJ's misconduct case to be heard in Privy Council on Monday

CHIEF Justice Ivor Archie’s challenge of the Law Association’s investigation of allegation of misconduct against him comes up for hearing at the Privy Council in London tomorrow morning.

Archie’s appeal will be heard by Lady Hale and Lords Reed, Kerr, Wilson, and Sumption.

Archie will not be in London for the hearing.

The issues the Law Lords will be asked to determine are whether section 137 of the Constitution provides the sole basis for investigating the conduct of the Chief Justice and removing him/her from office; if not, whether section 5 of the Legal Profession Act gives the association the authority to conduct an investigation of the CJ’s conduct.

They are also being asked to determine if the association’s investigation of Archie was tainted by pre-judgment or bias and whether the probe was carried out unfairly and in breach of the principles of natural justice.

According to the facts before the Judicial Committee, since November, Archie has been the subject of allegations of serious misconduct in the media, suggesting that he has corruptly and knowingly used his office in concert with convicted felons for their benefit.

The association on November 29, established a committee to substantiate the facts on which the allegations were based and to report back to its council.

Following correspondence requesting the Chief Justice to give his response to the allegations, and after a decision on February 23, was taken to continue to take steps in the enquiry, Archie

filed for judicial review.

He claimed the investigation was outside the association’s statutory powers, and the decision to investigate him had the appearance of bias.

After Archie received permission from the local appellate court to take his challenge to the Privy Council, the association also agreed not to hold a special general meeting to discuss a report on the investigations of a sub-committee and the advice given by its external counsel.

The agreement did not prevent 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.

In their ruling in May , the three most senior Appeal Court judges – acting CJ Allan Mendonca, Jamadar and Bereaux – overturned the ruling of Justice Nadia Kangaloo, who held the association did not have the legal authority to investigate Archie on allegations of corruption.

In separate, but unanimous decisions, they held that the Legal Profession Act did not confine the association’s ability to carry out its fact-finding exercise.