OUTSPOKEN senior attorney Israel Khan symbolically and dramatically destroyed a framed photograph of Chief Justice Ivor Archie at his Justitia Omnibus Law Chambers, St Vincent Street, Port of Spain, on April 3.
Khan, head of the Criminal Bar Association (CBA), said Archie, as chairman of the Judicial and Legal Service Commission, should be investigated for Marcia Ayers-Caesar’s forced resignation as a judge in April 2017.
His call follows the ruling of the UK Privy Council on March 24, which upheld an earlier ruling of the Court of Appeal that the JLSC wrongfully pressured Ayers-Caesar into resigning and acted beyond its authority in breach of the protections provided for by section 137 of the Constitution.
“Pressurising a judge to resign by holding out the threat of disciplinary proceedings, as the commission did in the present case, circumvents the constitutional safeguards laid down in section 137 and undermines their purpose,” the Privy Council ruled.
Now, Khan wants Prime Minister Stuart Young to invoke the section 137 provisions to investigate the Chief Justice.
After making his call for Archie’s impeachment, Khan took down Archie’s framed photograph from along the western wall of his conference room, where there were similar photographs of past chief justices. He then used a wooden baton to smash the glass on the frame then destroyed the photograph with his hands and scissors before disposing of the pieces in a rattan garbage bin. Broken glass remained scattered on the gleaming table of the conference room, which overlooks the Hall of Justice.
Khan insisted that Archie should be impeached because of the ruling of the eight appellate judges.
He said the two courts agreed that Ayers-Caesar’s removal was “orchestrated,” and she was “tricked” into signing an already prepared resignation letter, which was presented to the President to suggest her resignation was voluntary.
Khan said it was the CBA’s view that there were grounds to investigate possible misbehaviour in public office.
Khan acknowledged that the Prime Minister was the only person constitutionally allowed to trigger a section 137 investigation against the Chief Justice.
He reminded that former prime minister Dr Keith Rowley shot down a vote by the Law Association to impeach Archie on allegations of misconduct.
In December 2018, the association’s members at a special general meeting voted to report the Chief Justice to Rowley.
In August 2019, Rowley advised the association that he would not acquiesce to its recommendation to invoke section 137. Rowley said he was advised against pursuing impeachment because of a lack of evidence.
“Now, this has happened again,” Khan said, referring to the Ayers-Caesar matter.
“The main question that the Criminal Bar Association is posing to the present prime minister is whether he set up a tribunal to find out whether Chief Justice Archie should be removed from office.”
“The Criminal Bar Association believes he would not.”
Khan said Young should tell TT his intention before the April 2
