In response to several requests, I comment on the now established maladministration of the Ayers-Caesar situation and I also expand on the provisions of section 57 of the Constitution, to which I referred last week in connection with the introduction into the Cabinet of a new finance minister. Marcia Ayers-Caesar …
Read More »Dr Farrell: Judicial independence vs accountability—why everyone loses in Ayers-Caesar v JLSC
“[…] Both the Privy Council and the Court of Appeal noted that the motivations of the JLSC [in the Marcia Ayers-Caesar case] were not malign. “[…] In my view, reforms are needed of both the Constitution and the Judicial and Legal Services Act. The basis of the reforms must be …
Read More »Noble: The smartest guys in the room; will Angostura, Industrial Court and Integrity Commission pay price for hubris?
In 2001, Enron—named the ‘most innovative company ’ by Fortune magazine for six consecutive years—collapsed. Enron’s chairman and chief executive officer, Kenneth Lay and Jeffrey Skilling, were two arrogant and belligerent men who believed they were the ‘smartest guys in the room’. They believed that, through their sheer cleverness and …
Read More »‘Spectacularly disingenuous and misleading!’ DPP response to Chief Justice’s criticisms
“[…] The Judiciary’s decision [concerning the filing of indictments by the Office of the DPP], taken unilaterally and without any prior warning or timely communication, to renege on the agreement which had been arrived at in good faith and which it was sought to maintain equity and fairness in the …
Read More »Daly Bread: In ‘wth’ country; Paria Fuel, the President and the Chief Justice
What the hell? Can one set out to sell a State asset by mistake? ‘Wth’ is a milder version of the social media acronym used to express surprise or disgust. It was my response to the Minister of Energy’s implausible media release on Monday last related to the failure of …
Read More »Daly: Mas not done, check the Judiciary; Justice Jamadar should stay in his section
Mr Justice of Appeal Peter Jamadar should have stayed in his section. His statement in the capacity of Acting Chief Justice attempting to set boundaries for the long established tradition of satire and calling out ‘mocking pretenders’ during the Carnival season was surprising. Returning from my usual chip with All Stars …
Read More »Dear Editor: Resolving the concerns over the judiciary, Gafoor suggests mediation
“At stake here is the constitutional right to freedom of expression, which is ventilated not only during the Carnival season but is an entitlement which belongs to all citizens protected under the Constitution and the common law, subject only to the law of defamation or other statutory constraints…” In the …
Read More »Dear Editor: Weekes weak week; an illegal appointment can’t be ‘redressed’
I note with some amusement that President Paula-Mae Weekes ‘suddenly discovered’ an error was made in the paperwork leading up to the appointment of Judge Charmaine Pemberton as a member of the Judicial and Legal Service Commission (JLSC). “She explained what the error was: ‘While the relevant instrument of appointment …
Read More »Daly Bread: Trinidad and Tobago’s dangerously intertwined worlds
The Judiciary remains in an unstable state but the Attorney General has stayed in denial and keeps making dangerously short-sighted statements. In its recent decision, the Privy Council expressly reserved its position on whether quorum provisions in legislation outside of the Constitution could save all acts of an improperly constituted …
Read More »Dear Editor: Prime Minister Dr Rowley has duty to trigger investigation into Chief Justice
“When a Minister (or Prime Minister) is asked to exercise his discretion to establish an inquiry (as you are being asked to do), he ‘must do so in a manner that conforms to basic public law principles of reasonableness and due consideration of relevant matters’. “There is a duty to …
Read More »Daly Bread: Beware of submission to misconduct; and the budding relationship between the CJ and AG
It appears that Chief Justice Ivor Archie has lost his appeal to the Privy Council in his attempt to restrain the Law Association of Trinidad and Tobago (LATT) from investigating allegations of misconduct made against him in the media. The Privy Council did not call upon LATT’s lawyers to respond …
Read More »Daly Bread: Evading accountability; how the JLSC tried to mamaguy judicial community
One year ago, the Judicial and Legal Service Commission (JLSC) brought itself into disrepute and tarnished the institutional reputation of the Judiciary by the blunder of the appointment and “un-appointment” of the then Chief Magistrate, Marcia Ayers-Caesar, to the High Court Bench. The JLSC never begged pardon for its blunder …
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