In 1912, the Titanic began its maiden voyage across the Atlantic from England to New York. The ship was thought to be unsinkable—as though God was not only a Trini but was also the Titanic’s owner. Four days into its voyage, the Titanic hit an iceberg and sank with loss …
Read More »Daly Bread: Understanding reputational damage; watering the brandy of the JLSC
Referring to the unattractive salary and conditions of service of judges at that time, then Chief Justice Sir Isaac Hyatali, in October, 1978 made his famous statement that “We were heading for a situation in which the brandy will have to be watered considerably to fill future vacancies on the …
Read More »Destroying the judicial guardrails; why we will all pay for Archie’s alleged HDC forage
It is not surprising that the issue of the allocation of public housing is front page news once again. What is astonishing is that it is allegations concerning the conduct of the Chief Justice that have put the issue back on the front page—but first, a little recap. In April 2016, …
Read More »Daly Bread: Challenges to the use of power; and semi-legal State greed
When Abraham Lincoln said that you could not fool all of the people all of the time, he could not have known that information technology would come to bear heavily on both the ability (fake news) and inability (investigative reporting) of the powerful to fool the people. Lincoln would be …
Read More »Dear Editor: Law Association out of line to scold members on response to Anand’s arrest
“The Law Association’s current attempt to stifle legitimate dialogue about matters of public interest—like excessive detentions and the abuse of police powers—is also an affront to the independence of the bar and the rule of law.” The following Letter to the Editor on the LATT’s response to statements by practising …
Read More »Daly Bread: Marcia’s retort, contrasting responses from AG/JLSC and Big 5’s Ode to Panorama
One of the pillars of the administration of justice is the principle that open justice is fundamental to the rule of law and democratic accountability. That principle reaches its highest expression in judicial review cases and constitutional motions. The whole purpose of such cases is to put the processes by …
Read More »Daly Bread: Trying again to get somewhere; hard truths from Prime Minister and Opposition Leader
The Prime Minister and the Leader of the Opposition seemed to agree at their meeting on Tuesday last that there could not be any constitutionally sound legislative solution to the crisis, which the Judicial and Legal Service Commission (JLSC) created as a result of its bungled appointment and the subsequent …
Read More »DALY BREAD: Bats and fads, Twitter-ish judges, Marcia twists and importance of JLSC review
It is difficult to move away from the current controversies swirling around the judiciary. With the revelation, last Sunday, of Mrs Marcia Ayers-Caesar’s version of what took place between her and the Chief Justice regarding unfinished cases—part-heard matters—the plot has thickened. It is now common ground that on the evening …
Read More »MEDIA MONITOR: Who will safeguard the media vs the Guardian? And the CJ vs the Express?
More or less 20%. That is the share of the newspaper market that the Guardian has enjoyed (if that is the right verb) for several years now. It is also the figure that, according to a former Guardian editor of fairly recent vintage, is more than adequate provided that that …
Read More »DALY BREAD: Why we’re right to challenge power—be it a Permanent Secretary, President or Chief Justice
In relation to the huge Marcia mess created by the Judicial and Legal Service Commission (JLSC), there is no need to explain again the critical difference between the powers vested by law to deal with errant public officials and the complementary role of public opinion. Robust public opinion encourages accountability …
Read More »DALY BREAD: Exercising power without legitimacy; why Chief Justice must say “goodbye” not “sorry”
On Thursday last, by a vote of nearly 2 to 1 in the case of each resolution, the members of the Law Association of Trinidad and Tobago, (LATT) the governing body for lawyers, declared their loss of confidence in the Chief Justice. By a similar margin, it dealt with the …
Read More »DALY BREAD: I have no confidence left in the JLSC
The furore arising from the appointment as a High Court judge, subsequent resignation and the purported “restoration” of Mrs Marcia Ayers-Caesar, the former Chief Magistrate, as a magistrate has not died down. However, as the story emerges, public opinion now contains feelings of mercy for Mrs Marcia Ayers-Caesar. I am …
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