Don’t ‘pong’ judiciary too hard

ACTING Chief Justice Peter Jamadar has called for “temperance in the public criticisms” against the Judicial and Legal Service Commission, the chief justice and the administration of justice this Carnival.

“Unwarranted, crass and demeaning criticisms are not likely to be justifiable in either the social or the public interest, and may more likely undermine them both,” Jamadar said in a statement on an ole-mas presentation by a group of men on the steps of the Hall of Justice, Port of Spain, on Friday.

The group of about ten men wore black garbage bags, lined in red and white, to look like judges’ robes.

They carried placards with messages that spoke of the allegations against Chief Justice Ivor Archie that he recommended people to the Housing Development Corporation for accelerated housing grants, his trips; his request for a sabbatical; his alleged friend, convicted fraudster Dillian Johnson, who was granted humanitarian protection in the UK in January, and the imbroglio surrounding former chief magistrate Marcia Ayers-Caesar.

The statement said investigations revealed there was an ongoing traditional mas parade in Port of Spain on Friday, and “ostensibly this group was depicting ole-mas.” It also said photographs of the group on the steps of the Hall of Justice, together with comments, have been circulating widely on social media in and outside of TT, with the incident being reported on in the local mainstream media.

“There is no doubt that both under the Constitution and at common law, there exists the right to freedom of thought and expression, the right to hold and express political views, and the entitlement to be robustly critical of the administration of justice, including judicial officers,” the statement said, quoting from Privy Council cases which suggest that justice was not a cloistered virtue but must be allowed to suffer scrutiny and outspoken comments of ordinary men’

However, it added that while the right to freedom of expression was a primary right, it was not an absolute one.

“Carnival in TT has always empowered permissive social commentary and critique. For significant historical, sociological, anthropological and cultural reasons, this is encouraged as a unique feature of the democratic way of life that has evolved in TT.

“Indeed, Carnival continues to facilitate important public participation in and discourse on the nation’s affairs, participation which is countenanced in the preamble to the Constitution.

Notable in this regard are the art forms of calypso, ole mas and picong.

However as with so many things, there are boundaries. Boundaries that may be legitimately stretched, but that ought also not to be crossed.”

Jamadar said there was a boundary between freedom of expression and scandalising the court, and free speech must, at times, yield to other cogent social and public interests.

“Thus, whereas criticism of the Judiciary and of judicial officers is permissible, any such comment ought to be fair, reasonable and proportionate and ought to show appropriate respect for the administration of justice and judicial officers in the discharge of their duties,” he said.