I lobbied no one

Chief Justice Ivor Archie
Chief Justice Ivor Archie

CHIEF Justice Ivor Archie said there was “no need” for him to disclose to the other judges who presided over the United National Congress’ election petitions in 2015, that he made recommendations to the Housing Development Corporation (HDC) for State housing for “needy and deserving persons.”

In fact, Archie says he did not “engage in any ‘lobbying’ of any person” to the HDC.

The Chief Justice was responding to a letter sent to him by UNC senator Gerald Ramdeen, who has threatened to file an application to have the court’s rulings in the election petition matters struck out on the basis of apparent bias. Ramdeen is representing a voter who challenged the 2015 general election results in the San Fernando West constituency.

Last month, Ramdeen asked if Archie, who sat as president of the court for the appeals, told the other judges that he had a potential conflict of interest because he had recommended people for subsidised State housing and was actively lobbying the Government and the HDC for a favourable response.

In his reply to Ramdeen, sent through the Court registrar’s chambers, Archie said he has “publicly stated” he made recommendations to the HDC in 2015. He also did so in 2013, and the fact of his recommendations was confirmed to the Law Association president at a meeting in November 2017.

UNC Senator Gerald Ramdeen

Ramdeen was told that the names of those the CJ recommended for State-subsidised housing were a matter of public record and that Archie “did not engage in any “lobbying” for them.

Ramdeen then wrote to the appellate court judges asking whether they were told of the CJ’s actions.

Responding through the registrar’s chambers, the judges said, “There was no disclosure by the Chief Justice of any matter in relation to the issues alluded to... And the recusal of the Chief Justice was not discussed. This response is without conceding that there is any obligation on the part of the judges to provide answers to your said queries.”

In seeking to clarify the issue of how the judges sitting on the election petition appeals were chosen, the letter to Ramdeen also pointed out that it was Justice Allan Mendonca who rostered the judges for the appeals, with the concurrence of the CJ. The UNC senator had also called on Archie for “full and frank disclosure, any and all forms of communications which you may have had with the HDC, any government minister and or Prime Minister concerning requests and/or recommendation for housing for individuals both generally and in particular from September 7, 2015 to present.”

In his response to Ramdeen, Archie said he had since changed his phone and was unable to access the one he owned in 2013 or 2015, or any messages or communications on that device. He said he was only able to locate his letter to John which he disclosed, as well as the names and contact information of the people he recommended for housing.

In the letter to John on June 26, 2015, Archie had told her “from time to time needed employees or clients of the court” seek his help in obtaining housing “without understanding that the Judiciary as a separate arm of the Government, has no role or authority in directing executive agencies in matters of this nature.” “Nevertheless, I am always happy to assist worthy applicants in any way that I can if I discern that there is a genuine and justifiable need,” the CJ said.

Archie had told John, “without prejudice”, he was forwarding the list of people who applied for HDC housing to her and he “would be grateful for any appropriate assistance” she could provide.

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