Law Assoc gives up on CJ impeachment

THERE will be no appeal by the Law Association of the judge’s decision in the judicial review proceedings against Prime Minister’s initial decision not to impeach Chief Justice Ivor Archie.

There will also be no fresh challenge of the Dr Rowley's reconsidered decision unless there is a mandate from the membership.

The decision was announced by the association's council in a statement to members on Sunday. It also provided a report on the ruling of Justice Vasheist Kokaram on February 19 and told them of the Prime Minister’s letter of last Thursday in which he said he, having considered “with an open mind” and as directed by the judge, decided not to change his mind to refer to the President the association’s complaint of purported misbehaviour on Archie’s part.

The council held a meeting on Sunday to discuss options open to it, and reported that, by a majority, it resolved “not to appeal against Justice Kokaram's decision or to launch a fresh challenge against the Prime Minister's reconsideration decision.”

Not only did it not think it had the membership’s mandate to take any further action because, having been successful in having one of its complaints sent back to the Prime Minister, and him having reconsidered it, “the issue was no longer to be taken into consideration,” but was also advised by its legal team that the chances of success on an appeal were not good.

If an appeal is to be lodged or there is to be a fresh challenge of Rowley's reconsidered decision the council would have to hold a special general meeting to receive the membership's instruction.

The deadline for filing an appeal is April 1.

Last Thursday, Rowley, in a letter to sent to the association’s president, told him, “I have considered, fully taken into account and observed the findings and statements of Mr Justice (Vashiest) Kokaram in his judgment. I, therefore, reconsider my decision on the HDC (Housing Development Corporation) issue with an open mind and without regard to any political or other motivation on the part of the LATT,”

He added, “After such consideration, I have decided not to make a representation to the President under s137 of the Constitution. I adopt those reasons for my said reconsidered decision and do not set them out here.”

He added that both in his review of the judgment and his reconsideration he had the benefit of the legal advice of his attorneys.

In July 2019, Rowley said he did not initiate impeachment proceedings against the Chief Justice after receiving legal advice, which said he should not take the association’s advice to invoke section 137 proceedings to have Archie impeached for allegations against him.

He said the advice guided him on deciding there were insufficient grounds to warrant him to make a representation to the President for Archie’s removal and for a tribunal to be set up to investigate the series of allegations that arose in 2017.

The association’s complaint to the Prime Minister was the result of its own investigations into allegations in media reports which highlighted several allegations against Archie, including trying to fast-track Housing Development Corporation (HDC) applications for various people.

Archie responded to the HDC allegation, saying he lobbied no one.