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alexk
Guest
Former attorney general Ramesh Lawrence Maharaj, SC, says the issues surrounding the inappropriate use of the Judiciary’s letterhead to address a private matter involving Chief Justice Ivor Archie and the Law Association of T&T (LATT) is another blow to the public’s confidence in the administration of justice.
Last Tuesday, the Judiciary issued a media release on the Privy Council’s decision to reserve its judgement in the matter where Archie took legal action against the LATT. Archie is seeking the Privy Council’s interpretation of the powers of the LATT under the Legal Professions Act to investigate him.
However, High Court judges Frank Seepersad and Carol Gobin took issue with Archie’s use of his office for a private matter, deeming it inappropriate. In an emailed response to the concerns raised by Seepersad, however, Archie told his subordinate that his time would be more productively employed attending to his own job and allowing Archie to attend to his.
Weighing in the latest controversy involving Archie yesterday, Maharaj agreed that the issue with Archie and the LATT was a private matter and supported the view of Seepersad and Gobin.
“I support the views of the judges who take the position that the Judiciary’s letterhead should not be used for private litigation and private purposes of the Chief Justice. The use of the letterhead gives the impression that the release was on behalf of the Judiciary,” Maharaj said.
“The Chief Justice ought not to have used the Judiciary’s letterhead for sending out the release. That is a private matter between the Chief Justice and the Law Association, not the Law Association and the Judiciary.”
The LATT’s proposed investigation into the conduct of Archie stemmed from allegations that he attempted to persuade judges to change their State-provided security in favour of a private company where his friend and convicted fraudster Dillan Johnson worked. Archie was also accused of attempting to fast-track Housing Development Corporation (HDC) applications for his friends.
The CJ subsequently denied asking judges to change their security but admitted to suggesting persons for HDC housing. Several judges and the LATT have called on Archie to respond directly to the allegation, but after his refusal the LATT appointed a sub-committee to investigate the claim. The LATT sought legal advice from two Queen’s counsel to determine if the allegations were sufficient to trigger impeachment proceedings under Section 137 of the Constitution.
To Maharaj, the latest controversy adds to the overall concerns the public has with the Judiciary to efficiently carry out its function. He said the allegations made against Archie and the fact that they have not been fully investigated have cast a serious blot on the administration of justice. He said the longer the matter remains without an investigation the greater the damage will be to the Judiciary’s image.
Maharaj said that while Archie challenges the right of the LATT to look into his conduct, the judges who have expressed their support for an investigation should also not be singled out for criticism by him.
Nonetheless, he said the parties involved should wait for the Privy Council’s decision, adding that there are powers under the Constitution which can be used to rebuild the public’s confidence in the Judiciary.
“We will have a little wait while damage can be done, but we can hope that there is some light at the end of the tunnel.”
Efforts to contact LATT president Douglas Mendes yesterday were unsuccessful as calls to his cellphone went unanswered.