AG: Law Assc going against own advice

ATTORNEY General Faris Al-Rawi said it seems the Law Association of TT (LATT) is going against its own legal advice in voting to file judicial review proceedings, challenging the Prime Minister’s decision not to invoke Section 137 of the Constitution to impeach Chief Justice Ivor Archie.

Judging from the small number of attorneys who voted last Friday to file judicial review proceedings against the PM, Al-Rawi said while it was a democratic vote, it seems to him the “100 of them (lawyers) have taken a decision to go against their own written advice.

“The advice I have seen says you can pass the first threshold, but you got a serious fight on your hand for the second stage. This is democracy at work. I don’t make any complaints of the LATT. I think it is a fair litmus test of the appetite for the issue.”

He said he is not certain the rest of the 5,000 lawyers really have an appetite to go ahead with the issue, the cost of which taxpayers will have to bear.

Al-Rawi said while it is easy to get over the first threshold, which is a very low bar, there must be a stronger case on the substantive application, "and they don’t seem to have a very strong case on the substantive application.”

Al-Rawi was speaking with reporters as he opened the Southex trade show at Gulf City, San Fernando on Wednesday.

Rowley sought the advice of British Queen’s Counsel Howard Stephens who recommended he not consider impeachment proceedings. The LATT took the decision to a vote to file judicial proceedings against Rowley.

The association is expected to file its claim sometime on Thursday.

“From a TT perspective, it is certain this case would have to go to the Privy Council, ultimately. One does not engage in a Section 137 application lightly. Clearly, it would be a proper occasion for us to have guidance at the highest level on how a PM, exercising his constitutional authority and privilege should consider these applications.”

Asked about a political link as alluded to by the PM, Al-Rawi said, “I think the LATT is a democratic institution, but I think the LATT is facilitating a process which has been captured by those who turned up to vote for something.”

He drew a comparison between the Court of Appeal matter by the United National Congress which is seeking to set aside the election petition which resulted in the upholding of the 2015 general election result, on an allegation of bias by the CJ.

“There is an obvious connection between the election petition and the attempt to set it aside five years later, and a vote which happens to be on the same allegation of bias. One would be foolish not to observe the obvious connection between the two.”

“Whether I think the LATT is acting improperly, no they are not. Whether they have been hijacked is another view that one could explore.

“The law association has engaged in its process. Mr Douglas Mendes (president) is a man of utmost integrity, but who turns out to give the vote, ultimately carries the way the vote goes. Ten people who want something and nobody else turn up because they don’t have the appetite, the ten votes carry.“