Media, Law Association slammed

CHIEF Justice Ivor Archie opened the 2018/2019 law term yesterday with a public scolding of the media and the Law Association (LATT). Archie’s stewardship in recent times has been turbulent with allegations of misconduct on his part and an investigation of it by the LATT.

In his address, Archie dug in against criticisms, saying he understood his duties to account to the public. He also called for an end to divisiveness in the profession. “Stop dividing the country by careless and unfounded allegations,” he urged.

As he began his address at the Convocation of the Hall of the Justice in Port of Spain, Archie recognised that challenging times brought out the best in people. He said the Judiciary was on the cusp of transition.

At last year’s opening of the 2017/2018 law term, Archie shied away from the controversy that year, which included a vote of no-confidence in him as Chief Justice by the LATT.

The motion passed by a majority of the LATT’s membership focused on him as head of the Judicial and Legal Services Commission (JSLC) and led to a public consultation by the association which formed the basis for report on judicial appointments. Archie addressed this yesterday.

MEDIA HIT

But first, he trained his guns on the media, saying for the last ten months the Judiciary had been faced with the challenge of him being the subject of more than 20 articles, making false and unsubstantiated allegations.

“All of us in TT value and need a free and responsible press. For that reason I have thus far, been restrained in my legal responses to certain false allegations made in the media.

“As you are aware, the Privy Council has made it clear I am accountable only in accordance with the Constitution. I will continue to discharge my oath and my solemn obligations to the public and I expect and call on other stakeholders to do the same.”

Earlier this year, Archie in his private capacity, took the LATT to court over its investigation of his conduct.

Archie had been facing mounting public criticism over allegations of attempting to persuade judges to change their State-provided security in favour of a private company where his friend, Dillian Johnson worked. Johnson fled to the UK seeking asylum after surviving a shooting last December.

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 recommending people for HDC housing.

Since the Privy Council’s ruling in August, which lifted an injunction preventing the LATT from continuing its investigation, the association has not announced a new date for its special general meeting of its membership to vote on what should be done with legal advice received from external counsel. Its president, Douglas Mendes, SC, said the investigations are continuing.
(See Page 10A)

CONTROVERSIAL

APPOINTMENTS

Turning to the LATT’s report on judicial appointments, Archie spoke of the controversy raised by some of his latest judicial appointments and said the report, although helpful, contained observations he was unable to agree to, including those which sought to measure the concept of diversity on the bench.

He said the use of ethnicity to achieve this was neither useful nor scientific, but noted the LATT’s own observation recorded a diverse bench.

He also denounced claims that the JLSC was a rubber stamp for his ‘wish-list’ of judicial appointments, saying to suggest same was “troubling and unfair” to the current members of the JLSC as well as past, whom, he said, were chosen for their maturity and independence. He said what was needed is to find new ways to screen judicial appointees. The CJ said he was at “at a loss to understand” the LATT’s view that certain applicants by virtue of their academic training or experience, may be at a disadvantage.

“This is not a matriculation exam. It is for applicants to do a particular job. They either have the skill set or they do not. Judges are required to produce written work of a high quality on short notice as well as clear and logically reasoned extemporaneous decisions. That is the job they are applying for and that is what the tests are designed to assess.

On consulting with the LATT, he said, “there used to be a time when the Chief Justice would have a quiet gentlemanly chat with senior members of the profession about the merits of prospective candidates.

“Not only does that collide with the stated objective of transparency, there is no way that the process can then be insulated from political lobbying.

“ Forgive my cynicism when I say that perhaps the time has come when we should do like the Police Service and publish the names and pictures of all applicants and invite anyone who thinks they know anything bad about them to come forward. After all, the LATT had no difficulty doing it to a sitting Chief Justice.” Although there was no planned boycott of yesterday’s opening, several prominent and outspoken senior lawyers were not seen at either the church service or the formal opening at the Hall of Justice. Those who attended could be counted on one hand, while the audience in the Convocation Hall was made of mainly of magistrates, judges (some of whom stayed away), members of the diplomatic corps, religious leaders and staff. Noticeably absent judges were Justices Carol Gobin and Frank Seepersad, both of whom said they would not attend as they felt an acute sense of embarrassment by all that has taken place in the Judiciary in recent times.