LATT: We’ll probe CJ with ‘fairness and due deliberation’

Chief Justice Ivor Archie.
Chief Justice Ivor Archie.

THE Law Association of TT (LATT) on Thursday welcomed the Privy Council’s (PC) rejection of Chief Justice Ivor Archie’s attempt to block an inquiry into himself. In a statement, LATT said the ruling endorsed their long-held stance.

The Privy Council ruled the absence of formal proceedings to remove the CJ under section 137 of the Constitution does not stop the LATT investigating him, secondly the LATT has powers to investigate to protect the interests of the legal profession and the administration of justice. Thirdly, the PC said TT’s local courts are best-placed to say the CJ suffered no bias and unfairness, as indeed they had.

The association said, “The Privy Council has confirmed that the Law Association is entitled in law to investigate allegations of misconduct made against the Honourable Chief Justice with a view to either assure the public that after due examination, the Association is satisfied the allegations have no merit, or refer a complaint to the Prime Minister under section 137 to treat as he deems fit.”

The LATT admitted its has no disciplinary power over the CJ, who is not bound to participate in their investigation. “But it is within the association’s statutory mandate to investigate serious allegations against any member of the judiciary which may undermine the administration of justice and the rule of law.” It said the PC has rejected the CJ’s arguments to the contrary.

The LATT said the PC had deferred to the concurrent findings of the High Court and Appeal Court that LATT’s inquiry did not have bias, but had shown fairness.

“The Privy Council dismissed the Chief Justice’s appeal and discharged the injunction retraining the association from convening a meeting of its membership to consider any legal advice it might receive in relation to its investigation of the Chief Justice.

“With the guidance of the Privy Council and the Court of Appeal in mind, the Law Association will now proceed to complete its investigation with continued fairness and due deliberation.” LATT said it will make no more statements until it holds a special general meeting, barring exceptional circumstances.

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