TRINIDAD – Chief justice moves to High Court to block probe into allegations against him

Lawyers for Chief Justice Ivor Archie and the Law association of Trinidad and Tobago (LATT) will return to the Court on Friday after the embattled head of the judiciary filed a judicial review lawsuit challenging the LATT’s decision to conduct a probe into allegations against him.

In addition, Justice Archie’s lawyers late Tuesday filed an application seeking an injunction barring LATT from continuing its investigation.

When the emergency hearing came up before Justice Nadia Kangaloo, LATT lead attorney, Christopher Hamel-Smith, requested a short adjournment to give it time to analyse the case and prepare a response. While he admitted the case should be dealt with expeditiously, Hamel-Smith questioned Justice Archie’s haste, noting that the Chief Justice is aware of the course of action adopted by the LATT’s executive since November last year.

But the lead attorney for the Chief Justice, Ian Benjamin, disagreed, saying the lawsuit was only filed after the LATT announced on Monday that a special general meeting to discuss the investigation and what action, if any, should be taken had been set.

“This undermines the administration of justice and compromises it,” Benjamin said.

Following brief discussions the lawyers agreed on a compromise with the matter being adjourned to Friday.

In his pre-action protocol letter sent to the LATT last week, Chief Justice Archie questioned whether an investigation was within the association’s remit under the Legal Profession Act.

His lawyers also accused the association of being biased based on the no confidence motion it passed against him and members of the Judicial and Legal Service Commission (JLSC), over their handling of the short-lived judicial appointment of former chief magistrate Marcia Ayers-Caesar in June last year.

The Chief Justice is claiming that Section 137 of the Constitution provides the only avenue to investigate his conduct. Under the section, the President appoints a tribunal after misconduct allegations against a CJ are referred by the Prime Minister. The tribunal, which includes a chairman and at least two other members, all with judicial experience in Commonwealth jurisdictions, will then investigate and make recommendations.

But in its response, LATT said it is required to “represent and protect the interests of the legal profession” and it is entitled to investigate where allegations have been made concerning the conduct of the Chief Justice, which can negatively impact on confidence in the administration of justice.