Ayers-Caesar case for Privy Council

Five law lords of the Privy Council in England will next week Thursday hear legal submissions on three issues in the Marcia Ayers-Caesar judicial review case.

First before the law lords’ to determine, is Ayers-Caesar’s right to cross-examine members of the Judicial and Legal Services Commission (JLSC), including Chief Justice Ivor Archie.

The second issue is the former chief magistrate’s right to amend her claim based on minutes of the JLSC’s meeting held to revoke her appointment as a judge. The minutes, Newsday learnt, were made available to her attorneys only recently.

The third issue is the State’s appeal of the Appeal Court’s majority decision in June last year, to join former president Anthony Carmona as a party to the proceedings. Carmona revoked Ayers-Caesar’s appointment on the JLSC’s recommendation.

The former chief magistrate woes began in April, 2017 upon the JLSC’s appointing her as a High Court judge. She was sworn in by Carmona. But it was revealed that Ayer-Caesar had 50 part-heard preliminary inquiries outstanding. There was uproar among attorneys and prisoners because the cases had to be restarted before another magistrate.

Ayer-Caesar had presided in the San Fernando Third Criminal Assizes for three days. The JLSC then advised Carmona to revoke her appointment after she handed in a resignation letter. She is contending that she was made to sign a prepared resignation letter and as a result, the revocation was under duress.

In October 2017, Justice David Harris granted Ayers-Caesar leave to file for judicial review against the JLSC and Carmona.

Carmona, through the Attorney General, appealed the leave granted against him but in a majority ruling in March last year, justices of appeal Allan Mendonca and Peter Jamadar (retired), dismissed the appeal. Appeal Court judge Nolan Bereaux dissented.

According to the Privy Council web page, the three appeals are listed before Lords Carnwath, Lady Black, Lord Briggs, Lord Kitchin and Lord Sales. Its says that the hearings will start on Thursday and will be completed the same day.

Appearing for Ayers-Caesar are Peter Knox, QC, former attorney general Ramesh Lawrence Maharaj, SC, and Robert Strang, QC. Howard Steven, QC, is representing the JLSC while Ian Benjamin, SC, holds for the Attorney General.