Law Association drops pursuit of legal costs in case against Chief Justice

FIVE years on, the Law Association has made a decision not to pursue the cost order made in its favour against Chief Justice Ivor Archie by the Privy Council “because of the lapse of time.”

On Monday, the association’s secretary Bijili Lalla told members that since the order was made by the Privy Council on October 19, 2018, “successive councils of the LATT have deliberated on the progress of the matter.”

She advised that the matter was “comprehensively considered by the 37th council and owing to various factors, mainly the lapse of time, a decision was made not to pursue the costs.”

Archie was ordered to pay the costs of the attorneys, including a senior counsel, who represented the association before the Privy Council.

The cost order was made when five law lords at the Privy Council dismissed Archie’s appeal in a challenge of an investigation against him by the association into allegations of misconduct.

The Privy Council had also discharged an injunction granted by the Court of Appeal that had restrained the association from convening a meeting of its membership to consider any legal advice it might receive in relation to its inquiry and/or investigation of the Chief Justice.

The Privy Council’s ruling paved the way for the association to continue its investigation into allegations that he “corruptly and knowingly used his office in concert with convicted felons for their benefit."

In written submissions, Archie’s attorneys had argued that he should not have to pay costs because the matter was in the public’s interest, while attorneys for the association argued that he should pay because the appeal was only in the Chief Justice’s interest.

The Privy Council ruled that Archie had to pay.

Newsday was told the costs would have been in the thousands based on the figures put forward by the association’s legal team.

The association was represented by senior counsel Christopher Hamel-Smith and attorneys Jason Mootoo, Rishi P A Dass, Rowan Pennington-Benton, and instructing attorney Alvin Pariagsingh.

King’s counsel Philip Havers and John Jeremie; senior counsel Ian L Benjamin; and attorneys Kerwyn Garcia and Hannah Noyce, instructed by Simons Muirhead & Burton LLP, represented Archie.

In December 2018, the association’s members at a special general meeting voted to report the Chief Justice to the Prime Minister.

In August 2019, Dr Rowley advised the association that he would not acquiesce to its recommendation to invoke section 137 of the Constitution which sets out the process for the removal of a judge from office.

Once invoked, the president then appoints a tribunal to investigate any accusations made.

Rowley said he was advised against pursuing impeachment because of a lack of evidence.

The association was also accused, at the time, of political bias.