Sex and politics intersected in an explosive controversy that has gripped the United States as Professor Christine Blasey Ford gave evidence last Thursday to the United States Senate about a sexual assault perpetrated against her in the summer of 1982 by Judge Brett Kavanaugh, President Trump’s nominee to replace Justice Anthony Kennedy, on the US Supreme Court.
The Republican-controlled Judiciary Committee of the US Senate initially refused to hear Professor Blasey Ford. However, public pressure forced the Judiciary Committee to reopen the hearing.
Ivor Archie has been the Chief Justice of Trinidad and Tobago (TT) for ten years and is a prominent judicial personality in the Caribbean. On 12 November 2017 the Sunday Express alleged that the Chief Justice had tried to influence Supreme Court Justices to change their state-provided personal security in favor of a private company with which his close friend, Dillian Johnson, a convicted felon, was associated. On 19 November the Sunday Express published another article alleging that Dillion Johnson was among 12 persons recommended for Housing Development Corporation units by the Chief Justice. On 4 December the Express reported that the Chief Justice, 57, was joined by Dillion Johnson, 36, while on official business abroad (Guyana). Photographs were published apparently showing Johnson lying in a bed and the Chief Justice sitting at the edge, backing the camera, on the telephone and another showing Johnson with a lanyard around his neck holding an identification card allegedly with the printed name of the Chief Justice. The Chief Justice claimed that the photographs were photoshopped.
On 29 November the Law Association of Trinidad and Tobago (LATT) appointed a committee to “ascertain/substantiate” the facts upon which the allegations made against the Chief Justice were alleged to be based. On 30 November the President of the LATT met with the Chief Justice and informed him that having regard to the seriousness of the allegations and his failure to respond, the LATT has decided to investigate the allegations to determine whether they are true or not. The LATT offered the Chief Justice the opportunity to respond to the allegations even though it recognized that it had no power to compel him to do so. It, however, mentioned that it intended to refer its report to the Prime Minister which falls within its statutory mandate.
On Wednesday last the public was treated to a brilliant and expansive lecture by the former Chancellor (ag) of the Judiciary and now Distinguished Jurist-in-Residence at the University of Guyana, Carl Singh. The subject was “The Constitutional Guarantee of Fundamental Rights and the Citizen. The lecture, to a packed hall and attentive audience at Herdmanston House, was the third in the series “Conversation on Law and Society.” Chancellor Singh started by pointing out that while citizens may not always be cognizant of what their right are, they are certainly aware that the Constitution guarantees them, which they are often prepared to aggressively defend. He related the story of a visitor to a hospital in Georgetown who was being prevented from entering because the visiting hours had come to an end. During the argument between the visitor and the hospital staff, the visitor loudly proclaimed that it was her constitutional right to enter the hospital to visit her relative!
Chancellor Singh explored a wide range of issues, not all of which can be examined here. A few are selected.
At the invitation of the Chief Justice, the Hon. Madame Roxane George-Wiltshire, I made the welcoming presentation on the occasion of the admission of four lawyers to the Inner Bar as Senior Counsel on Friday last. This is what I said:
It is an honour and a privilege to welcome to the Inner Bar the four Senior Counsel whose appointments were announced on December 30, 2017. According to a statement from the Ministry of the Presidency, President David Granger “having considered their high quality of service in the legal profession and with confidence in their knowledge of the law” appointed Kalam Azad Juman Yassin, Josephine Whitehead, Fitz Le Roy Peters and Andrew Mark Fitzgerald Pollard as Senior Counsel with effect from January 1, 2018.
Since the retirement of Chancellor (ag) Carl Singh and Chief Justice (ag) Ian Chang, the issue of their replacement has been at the forefront of discourse, at least privately, in legal circles, but occasionally in the media. I myself have written about the issue once when I called on President Granger to appoint persons to fill the posts which had become vacant and had remained so for several months. I was quite pleased when the President made acting appointments of Chief Justice Yonette Cummings-Edwards as Chancellor (ag) and of Justice George-Wiltshire S.C. as Chief Justice (ag). Justice George-Wiltshire S.C. who was also subsequently appointed as an Appeal Court Judge.
These two acting appointments, which only required consultation with the Leader of the Opposition, were enormously popular in the legal profession. After some months as acting appointees, I can say with certainty that the anticipated performances of the Chancellor (ag) and Chief Justice (ag) have exceeded expectations amidst enormous challenges, which had commenced under the chancellorship of Carl Singh, not least among which are the implementation of the new Civil Procedure Rules, the establishment of courts with new jurisdictions for family and sexual offences, the appointment of additional judges and a building programme to house courts, magistrates and judges. I believe that this opinion is shared by the legal profession.