The new law term opens today and at least two judges— Frank Seepersad and Carol Gobin— have told the T&T Guardian they will not be attending today’s ceremonial opening because they feel a deep sense of shame and embarrassment at the state of the Judiciary, a situation they say has been brought on by Chief Justice Ivor Archie.
Seepersad, who like Gobin has been vocal on issues plaguing the Judiciary over the past two years, yesterday confirmed his decision as he admitted it is “unusual” for the media to contact a judge directly.
He responded to questions from the T&T Guardian on the issue, saying these are “unusual and unprecedented times” as he acknowledged an “undeniable cloud of uncertainty and despair hangs over the important democratic pillar that is the Judiciary.”
The opening of the law term, he said, is a time for “reflection, renewal and rejuvenation.” But Seepersad admitted to feeling “an acute sense of embarrassment.”
“The assault inflicted upon the Judiciary by the Honourable Chief Justice cannot be denied,” he said.
Seepersad made it clear that his “primary concern” was about the “current level of distrust that the citizens now bear for the institution, as well as the entrenched justifiable view that the last law term’s alarming developments have negatively undermined the moral authority of the Judiciary.”
He said he has been focused on the discharge of his constitutional obligation “without fear or favour,” and he is hoping the new term “may bring clarity of purpose” and that those who have “acted recklessly, would put greater good ahead of insular concerns.”
Seepersad said citizens of this country “deserve judges in whom they can repose confidence and respect and whose personal and professional lives are characterised by efficiency, honesty and devoid of deceit and duplicity.”
Asked whether the CJ had met with members of the Judiciary after the Privy Council ruling against him in the matter against the Law Association of T&T in August, Seepersad said no. “Even at the twelfth hour, when the Privy Council delivered its ruling, there was no engagement, no attempt to proffer an explanation as to allay concerns,” he said.
He said he was saddened though that while there are “rumblings among judges, only a few of us have been vocal.”
Seepersad said, “The independence of this office requires us to reject reckless and destructive behaviour which negatively impacts upon the administration of justice and silence makes those who wish to remain voiceless complicit.
“We must remember the Chief Justice’s declaration that certain judicial appointments were effected after the application of one of the most rigorous selection processes in the Commonwealth catalysed a slew of unresolved litigation which has the potential of costing citizens millions, rendered the former chief magistrate unemployed and virtually unemployable and occasioned immeasurable prejudice to persons whose uncompleted preliminary enquiries remain unresolved.”
He said he was “truly alarmed” at what appears to be the intention to adopt a “business as usual approach.”
“Conversations are taking place about the need for more judges but no focus is placed on the method of appointments. If one truly understands the important and critical role that a judge plays in a democratic society, the need for increased numbers must be reviewed against considerations of competency, credibility, cultural and socio-economic concerns.”
He expressed concern that “more appointments may be made in this current climate of uncertainty and without regard to the effecting of much-needed reform of the Judicial and Legal Service Commission.”
Seepersad is currently out of the country attending a conference in St Kitts, but he said even if he were here he would not attend today’s ceremonial opening.
“It is difficult to show signs of solidarity when there is so much uncertainty involving the future of the Judiciary,” he said.
Also contacted yesterday, Gobin also told the T&T Guardian she will not be attending today’s opening of the law term in protest.
“If I bend my head at a church service it will not be in prayer, it will be in shame. I will not don ceremonial robes for a charade,” she said.
Justice Gobin said at this time the country needs more than court statistics and updates about infrastructure.
“The country needs to have addressed more fundamental questions about the moral authority of the leadership and by extension that institution as a whole to deliver justice and to restore confidence in it, and I do not expect this,” Gobin said.
Both judges have already experienced the ire of the CJ.
In July, they accused Archie of “inappropriate and unacceptable” behaviour after he issued a press release via the Judiciary in response to his private matter against the LATT, which was at the time before the Privy Council.
But Archie instead told the two judges their time would be more productively employed attending to their own jobs and allowing him to attend to his.
Whether there will be a wider boycott of the opening of the law term remains to be seen.
The first part of today’s activities, the church service, which is usually held at the Holy Trinity Cathedral, will shift to City Hall because of the damage done to the cathedral in the August 21 earthquake.
Last year, several members of the legal fraternity also boycotted the opening as they expressed similar concern about the state of the Judiciary under Archie.
The last two years has seen turbulence in the Judiciary, from the Marcia Ayers-Caesar fiasco to the personal allegations against Archie, who is accused, among other things, of discussing the security of judges with a private individual. Earlier this year, the CJ became embroiled in another controversy when he attempted to take sabbatical leave.
In mid-August, the Privy Council ruled that the Law Association is entitled to investigate allegations of misconduct against the Chief Justice.
Speaking to the T&T Guardian briefly yesterday, Law Association president Douglas Mendes confirmed the investigation is proceeding. But he declined to answer further questions.
In an August 16 press release issued after the Privy Council ruling, the Law Association, which has retained two eminent Senior Counsel to investigate the allegations against the CJ, indicated that it will continue the investigation until it is satisfied the allegations have no merit or to refer a complaint to the Prime Minister under section 137 of the Constitution to treat with it as he deems fit.