In defence of Trinidad and Tobago judiciary

THE EDITOR: The trend of attacking judges and judgments of the Supreme Court of Judicature in TT is increasing and presents a frightening prospect when one considers that the judiciary is vested with the duty of preserving the rule of law in our small democratic state.

The rule of law serves many purposes, but fundamental to it is having an independent and impartial judiciary to ensure that whatever the complaints and whoever the parties may be, the decision-making power given by the Constitution to the judiciary is jealously preserved and protected.

When attacks are made against either individual judges or judgments, howsoever they are disguised by bloggers on social media, official press, public officials, etc., they damage confidence in the judiciary, undermine the rule of law, and ultimately take us down the road of an authoritarian state.

Those who have the privilege of holding prominent positions in society always have a high responsibility in ensuring that what they say – and how they say it – does not cross the boundary of legitimate commentary, rational discussion, etc., and descend into little more than furious abuse.

It should also be considered that when it comes to the individual judgment to which a different view might be taken, then the party who feels aggrieved is not without a remedy. They can appeal to either the Court of Appeal or Privy Council, and it may be that the individual judgment is reversed, but absent that course, the judgment stands.

And there is always the possibility that a future court looking at the matter afresh may overrule or distinguish a previous judgment as has happened on many occasions. This underscores the fact that attacking judges or judgments is always completely unjustified.

What is of even greater concern is that officials and official bodies that are supposed to support the judiciary and the rule of law seem relatively silent in the face of these attacks, and this has created a perception that they are subjugated; or as Dr. Eric Williams put it, not a damn dog bark.

It is important that those who have a role in upholding the rule of law, and in this context supporting the judiciary, do so in more than simply silent nodding in their armchairs, and if necessary, they must put their heads above the parapet and make their voices heard.

As attorneys, our code of ethics places a responsibility on us to support the judiciary in the following terms: An attorney shall encourage respect for the courts and the judges. And an attorney shall support judges and magistrates against unjust criticisms.

In deference to and compliance with that responsibility, I call for these attacks on the judiciary to stop. They are not justified, and they are societally destructive if they are not called out.

ANAND BEHARRYLAL KC

London, UK