Ramesh Lawrence-Maharaj: History will remember Marcia Ayers-Caesar

ENDORSING and echoing the March 24 Privy Council ruling in favour of former chief magistrate Marcia Ayers-Caesar, which held that her removal as a judge in 2017 was unlawful and unconstitutional, former attorney general Ramesh Lawrence Maharaj, SC, showered her with praises.

The ruling upheld a decision by the Court of Appeal that she was pressured to resign by the Judicial and Legal Service Commission (JLSC). The commission is led by Chief Justice Ivor Archie.

Maharaj, who was Ayers-Caesar' counsel in the case, added that she had the courage and determination to make an important stand for the independence of the Judiciary and security and tenure of judges.

Asked about Ayers-Caesar's future, he reminded reporters about lawyer-client privilege.

"I have spoken to her; she has spoken to me and I do not see any reason so far that she would not continue to be a judge," he said.

"I think anyone in her position would want to show that she accepted the court's decision, and the court decision decided that she was removed unlawfully as a judge."

She is entitled to compensation as well as her salary as a judge which was in abeyance over the past eight years that it took for her legal case to reach its conclusion.

Maharaj spoke at a press conference at his law office in San Fernando on March 27.

Although he represented her in court, Maharaj said he was not speaking on her behalf.

Instead, he said he was speaking as an attorney who, together with his legal team, pursued the case since 2017.

Ramesh added, "I think she would want to satisfy herself by doing judicial work. She is a strong lady, and I think she would not allow these things to affect her judicial capacity."

Maharaj, however, made it clear that if Ayers-Caesar were to preside over any case in which he was involved, he would request her to recuse herself.

Explaining the ruling, Maharaj said JLSC's decision to offer Ayers-Caesar the choice to resign or face disciplinary action was deemed "ultra vires" (beyond its legal power). Her resignation, signed under duress, was declared null and void and she remains a judge.

Chief Justice Ivor Archie leads the JLSC.

Maharaj gave an in-depth account of the case, which lasted an hour and- a half, with supporting documents.

Reflecting on the legal journey, Maharaj recounted a moment in May 2020 when Ayers-Caesar came to see him in his office.

"I must confess that when I heard what happened, I could not believe I was in Trinidad and I could not believe that happened to a judge. I have known the judge for a long time because she was a lawyer in my office," Maharaj said.

"She was a very quiet person. She was strong in her faith in God. She knew she had made a mistake by going along. She said she had no alternative. She had lost her will. She was forced to do it."

That day, Maharaj made a resolution, to fight it even if it meant going to the Privy Council.

When asked if he thinks the CJ should step down considering the ruling, Maharaj replied: "I do not want to make this a personal thing. I prefer to see what happens in the next few days."

He went on: "If I judge it based on myself, having taken such an oath, I cannot see how anyone in that position can just continue in office as if nothing happened. I have no pleasure in saying this, but I take my profession very seriously."

He added Trinidad and Tobago is a highly litigious country.

"Sometimes, even if a public officer decides to remain in office and should not remain in office, the way the judicial review was developed,I am sure some lawyer might decide to challenge that in court," he said.

Maharaj also spoke on the protest by Israel Khan, SC outside the Hall of Justice on March 25, when Khan called for Archie to resign over his handling of the Ayers-Caesar matter.

Maharaj praised Khan's outspoken stance, acknowledging that many lawyers feel strongly about the issue but are reluctant to protest. Maharaj said Khan should be congratulated for being outspoken.

"This is not an injustice to Ayers-Caesar alone, or to a judge alone, or to the Judiciary or to the legal profession," Maharaj said.

"This is an injustice to all the people of Trinidad and Tobago because everyone in TT is entitled to a right to have an independent judiciary and security of tenure, and if this infringed that, everyone's right in Trinidad Tobago was trampled upon."

Ayers-Caesar was admitted as an attorney in 1986, appointed as a magistrate in 1992, and became chief magistrate in 2010. She was sworn in as a judge on April 12, 2017.