Israel Khan backs Seebaran-Suite in silk debate

OUTSPOKEN Senior Counsel Israel Khan has come out in support of Law Association president Lynette Seebaran-Suite, SC, in the raging debate over the appointment of silk.

On June 25, Khan, president of the Criminal Bar Association, said while he agreed with his colleagues in the legal profession on the need to reform the appointment process for senior counsel, he was disappointed that the “frustration with the process was wrongly and unjustifiably directed to the president of LATT.”

Khan made the statements when contacted for comment.

He added, “I am of the opinion that to put the LATT president ‘under fire’ for her role in the process is unwarranted and not constructive.

“These frustrations are better directed towards the Attorney General, who should know that it is time that an independent committee is set up.

“After all, when the LATT sent the Silk Committee Report to the Government, it was signed by the very person who is the current Attorney General and that begs the question: Are
attorneys (sic)
loyal to the legal principles or office-holders?”

In March 2023, Khan filed an interpretation summons seeking to have the courts declare the current procedure for appointing silk unconstitutional, as he claims it breaches the separation of powers through the involvement of the Prime Minister in the selection process.

The LATT is a party to his claim.

Khan said it appeared there was no disagreement that the selection process should be changed or that the Government should have no role in deciding who should be awarded the prestigious title.

“I do note, however, as expected that there is reluctance by the PM to lose this current power.The ability of selecting who can be Senior Counsel is a power over the legal profession as a collective body…

“Once the power to select the leaders of the legal profession remains with the PM, our legal profession becomes subject to and under the influence of the PM, who can for his own choosing deny a deserving attorney silk based on his own prerogative or appoint an undeserving attorney silk not based on merit but on political favouritism, nepotism and unjust rewards for doing the PM bidding,” Khan said.

This, he added, eroded the independence of the profession and compromised its perceived integrity in the public’s eye.

He further questioned how Seebaran-Suite, as president of LATT, was now “the scapegoat for the current situation we are in.”

He said she was in a difficult situation as she continued to advocate to the membership the need for the independent committee but participated in the process in 2024.

However, he said she had a duty to assist although it was the association’s collective belief the process was flawed.

“Her process was sanctioned by her executive and council.”

On June 24, Seebaran-Suite, in an e-mail to members, spoke of LATT’s involvement, and hers as president, in the 2024 selection process. She also said the Prime Minister refused to meet with LATT in 2023 to discuss reforming the process.

Her explanation, which she said included consulting with fellow senior counsel on the list of names she received from the Attorney General on June 4, followed a media release from LATT on June 20.

In that release, LATT renewed calls for the adoption of the recommendations of its 2015 “silk report” on the appointment of senior counsel “to ensure a transparent and independent process of selection at specified intervals which is not subject ultimately to the dictates of the executive.”

Seebaran-Suite said LATT has been on record for several years as seeking reform, calling for a revision of the current method, independent of the Executive’s involvement as the final arbiter.

“Much has been said in the public domain about the need for transparency and independence and the undesirability of the appearance of political taint inherent in the current methodology.”

Her explanation and LATT’s release raised more questions from attorneys on the association’s involvement in the process.

Attorney Darrell Allahar wrote to the LATT president on June 20, seeking answers and posing new questions to Seebaran-Suite.

Minister of Energy and Energy Industries Stuart Young, Minister of Rural Development and Local Government Faris Al-Rawi and Port of Spain South MP Keith Scotland were among 16 lawyers who received silk last week.