Law Assn votes to tell PM: Investigate Archie

THE Law Association voted today to send a report from its committee, established to investigate allegations of misconduct against Chief Justice Ivor Archie, to the Prime Minister. The association will ask Dr Rowley to use the findings of the report to consider whether Section 137 of the Constitution can be triggered to establish a tribunal to investigate the allegations against Archie. Law Association members put the matter to a vote during a special general meeting at the Hyatt Regency in Port of Spain. After two hours, Law Association president Douglas Mendes SC emerged to inform reporters that the motion "was carried by a vote of 150 in favour of and 32 against."

He told reporters, "The report will be sent to the Prime Minister with great alacrity." Asked whether Rowley could receive the report ahead of the weekly Cabinet meeting at the Diplomatic Centre in St Ann's tomorrow, Mendes replied, "I don't know. We'll do our best to get it off to him as soon as possible." Mendes said he had no personal views about how the vote went. Asked if this development boded well for Archie, Mendes replied, "I have no comment on that."

He indicated the Chief Justice would soon be aware of the association's decision. "As a matter of fact, his lawyers were present during the proceedings." Asked if the association could face a potential legal challenge from Archie as a result of its decision, Mendes said, "I have no idea."

Under Section 137 (3) of the Constitution, Rowley has the power to advise President Paula-Mae Weekes to appoint a tribunal to investigate the allegations against Archie.

Under Section 137, the President can refer the question of whether a judge should be removed from office to the Judicial Committee. The Chief Justice has dismissed claims that he discussed with his fellow judges the hiring of any private security firm to provide personal security for them or that he recommended convicted fraudster Dillian Johnson for state housing. Attorney General Faris Al-Rawi had said nothing has reached the threshold to trigger Section 137 of the Constitution and begin proceedings against Archie.

In July, Al-Rawi said Government continues to maintain the constitutional “Great Wall of China” between itself and the Judiciary. He made this comment in reference to the reserved ruling by the Privy Council. That ruling involved an appeal made by Chief Justice Ivor Archie to the Privy Council against the Law Association’s investigation of alleged misconduct by him.

In August, the Privy Council dismissed Archie’s complaints of the association’s investigation of allegations of misconduct against him. The ruling paved the way for the association to continue with the process.