CJ Archie wins criminal rules lawsuit

CHIEF Justice Ivor Archie has successfully defended a claim brought against him by a group of attorneys who represent an accused man before the High Court over his power to issue practice directions under the Criminal Procedure Rules 2016.

Justice Joan Charles, in a written decision delivered at the Hall of Justice in Port of Spain, this morning, held that the practice direction on pre-trial defence disclosure did not interfere with an accused person’s right to silence, their fair-trial rights or the right against self-incrimination.

Archie was represented by attorney Keith Scotland.

In their judicial review application, criminal defence attorneys Wayne Sturge and attorneys Mario Merritt, Danielle Rampersad and Joseph Sookoo argued that the practice direction on pre-trial defence disclosure interferes with an accused person’s right to silence and their fair-trial rights. The lawyers also contended that the practice direction, dated December 14, 2017, sought to bypass parliamentary scrutiny and was mandatory in nature.