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Sunday, August 10, 2025

All eyes on Archie at opening of new law term

by

Joel Julien
2520 days ago
20180916
Chief Justice Ivor Archie lead the processsion of High Court Judges from the Holy Trinity Cathederal to the Hall of Justice during the opeening of the Law Term last year.

Chief Justice Ivor Archie lead the processsion of High Court Judges from the Holy Trinity Cathederal to the Hall of Justice during the opeening of the Law Term last year.

SHIRLEY BAHADUR

Ten years ago on this day, just over a month af­ter cel­e­brat­ing his 48th birth­day, Ivor Archie de­liv­ered his first ad­dress at the cer­e­mo­ni­al open­ing of the law term as this coun­try's Chief Jus­tice.

Archie had been ap­point­ed to the po­si­tion on Jan­u­ary 24, 2008, cre­at­ing his­to­ry as the youngest per­son to have as­sumed that po­si­tion in T&T.

His ap­point­ment to the post came at a time when his pre­de­ces­sor as this coun­try's sub­stan­tive Chief Jus­tice Sat Shar­ma had evad­ed im­peach­ment pro­ceed­ings.

Archie de­fend­ed Shar­ma's lega­cy in that open­ing ad­dress:

"First, of course, is Chief Jus­tice Shar­ma who re­tired in Jan­u­ary of this year. I would not wish the con­tro­ver­sy that marked his last years at the helm to de­tract from the con­tri­bu­tion he made dur­ing a long ju­di­cial ca­reer. Dur­ing his time on the bench he de­liv­ered a num­ber of land­mark de­ci­sions and his tenure at the helm of the ad­min­is­tra­tion of jus­tice fea­tured such mile­stones as the im­ple­men­ta­tion of the new Rules of the Supreme Court, the in­tro­duc­tion of Au­dio Dig­i­tal Court Re­port­ing, the ac­qui­si­tion and re­fur­bish­ment of a num­ber of new ju­di­cial fa­cil­i­ties and the in­tro­duc­tion of the Fam­i­ly Court Pi­lot Project among oth­ers. His cham­pi­oning of the is­sue of the mod­ern­iza­tion of the Mag­is­tra­cy was a clar­i­on call that led all the ef­forts to bring the ad­min­is­tra­tion of jus­tice in­to the 21st Cen­tu­ry. We wish him good health and a long and hap­py re­tire­ment."

Now as the ju­di­cia­ry pre­pares to cel­e­brate the cer­e­mo­ni­al open­ing of the 2018-2019 law term, Archie's 11th at the helm, his lega­cy al­so seems to be un­der threat.

The past two years have been a tur­bu­lent one for Archie with sev­er­al per­son­al and pro­fes­sion­al is­sues com­ing to the fore re­sult­ing in some of his se­nior staff be­ing di­vid­ed over his lead­er­ship.

The lat­est chal­lenge to his lead­er­ship oc­curred in Ju­ly be­fore the High Court went on va­ca­tion when two High Court judges, Jus­tice Frank Seep­er­sad and Jus­tice Car­ol Gob­in, ac­cused Archie of abus­ing his pow­er by is­su­ing a press re­lease via the Ju­di­cia­ry in re­sponse to a pri­vate mat­ter he cur­rent­ly has be­fore the Privy Coun­cil.

Archie’s use of his of­fice in this pri­vate mat­ter has been deemed “in­ap­pro­pri­ate and un­ac­cept­able” by the judges.

How­ev­er, in re­sponse to con­cerns raised, Archie told his sub­or­di­nates that their time would be more pro­duc­tive­ly em­ployed at­tend­ing to their own jobs and al­low­ing him to at­tend to his.

The lat­est tiff be­tween Archie and his sub­or­di­nates came fol­low­ing the Privy Coun­cil’s de­ci­sion to re­serve its judg­ment in the mat­ter of the Law As­so­ci­a­tion of T&T (Latt) ver­sus Archie to a date to be de­ter­mined.

This con­tro­ver­sy sur­round­ing Chief Jus­tice Ivor Archie arose late last year in a se­ries of news­pa­per re­ports which ac­cused him of at­tempt­ing to per­suade judges to change their state-pro­vid­ed se­cu­ri­ty in favour of a pri­vate com­pa­ny where his friend and con­vict­ed fraud­ster Dil­lian John­son worked. Archie was al­so ac­cused of at­tempt­ing to fast-track Hous­ing De­vel­op­ment Cor­po­ra­tion (HDC) ap­pli­ca­tions for his friends.

Archie on­ly re­spond­ed to the al­le­ga­tions once, where he de­nied dis­cussing judges’ se­cu­ri­ty but ad­mit­ted to sug­gest­ing peo­ple for HDC hous­ing. Archie has re­peat­ed­ly re­fused the as­so­ci­a­tion’s re­quest and calls from col­leagues to di­rect­ly re­spond to the al­le­ga­tions since then.

In No­vem­ber last year, the Coun­cil of Latt called on Archie to re­spond to the al­le­ga­tion that he dis­cussed the judges’ se­cu­ri­ty with a pri­vate in­di­vid­ual. The as­so­ci­a­tion’s coun­cil then ap­point­ed a sub-com­mit­tee to in­ves­ti­gate the al­le­ga­tions and sought the le­gal ad­vice of two em­i­nent Queen’s Coun­sel to de­ter­mine if the al­le­ga­tions were suf­fi­cient to trig­ger im­peach­ment pro­ceed­ings un­der Sec­tion 137 of the Con­sti­tu­tion.

Archie is cur­rent­ly chal­leng­ing the Latt mat­ter at the Privy Coun­cil.

The Latt had pre­vi­ous­ly passed a mo­tion of no con­fi­dence against Archie for his bungling of the ap­point­ment of for­mer Chief Mag­is­trate Mar­cia Ay­ers-Cae­sar to the post of a High Court judge, which al­so re­sult­ed in le­gal ac­tion be­ing tak­en.

Eight years ago a cho­rus of dis­sen­sion be­gan to rise up

Eight years ago on this day when a cho­rus of dis­sen­sion be­gan to rise up against Archie as he used his ad­dress at the cer­e­mo­ni­al open­ing of the law term to take aim at his naysay­ers.

"I am con­scious that with­out my de­lib­er­ate­ly set­ting out to have that ef­fect, some peo­ple may be a lit­tle of­fend­ed by things I have to say, but by the most gen­er­ous of reck­on­ings I am more than halfway through my life and my tenure now, and I have come to that age and qui­et pass in life where I lose no sleep. In a coun­try where the na­tion­al pas­time is tear­ing each oth­er down, I have no dif­fi­cul­ty re­mind­ing my­self and every oth­er leader that our job is to lead and the job of talk show hosts is to talk. And as for so­cial me­dia com­men­tary, why waste en­er­gy?

"Last year I talked about com­mon sense. There is some­thing else that is in equal­ly short sup­ply, and that is the vi­sion. By de­f­i­n­i­tion, those who pos­sess and de­ploy it will be the mi­nor­i­ty in every so­ci­ety. Chick­ens will scratch on the ground mak­ing noise over scraps and will al­ways out­num­ber the ea­gles that have the ben­e­fit of a dif­fer­ent and broad­er per­spec­tive. With that ben­e­fit comes the bur­den of be­ing mis­un­der­stood and crit­i­cized, and the high­er the ea­gle soars, the small­er it seems to the chick­en. I can’t make ea­gles out of chick­ens"

"All of those of us who are in lead­er­ship po­si­tions must seek con­sen­sus and try to help oth­ers to un­der­stand and em­brace the vi­sion, and that in­volves ex­pla­na­tion, con­sul­ta­tion and some­times per­sua­sion, but at the end of the day, as Pro­fes­sor Liv­er­pool said in an­oth­er song, the dri­ver must dri­ve and every­body else must ei­ther push, sit tight or get off the bus!"

When Archie de­liv­ered his ad­dress at the open­ing of the law term last year he men­tioned the chal­leng­ing times he had to face dur­ing the year.

"The 2016/2017 term has been a chal­leng­ing one and there is no rea­son to be­lieve that 2017/2018 will be any dif­fer­ent. How­ev­er, in so far as we cre­ate the fu­ture that we in­hab­it by the choic­es we make, I face it with un­bri­dled op­ti­mism in our ca­pac­i­ty to over­come and to ex­cel, no mat­ter what comes our way," Archie said.

It will be all eyes on Archie as he de­liv­ers his eleventh ad­dress at the cer­e­mo­ni­al open­ing of the law term to­mor­row.

This year will al­so be Pres­i­dent Paula-Mae Weekes' first cer­e­mo­ni­al open­ing of the law term since her ap­point­ment.

Weekes is not a stranger to the cer­e­mo­ny how­ev­er, af­ter hav­ing served in the ju­di­cia­ry for two decades.

Weekes re­tired from the Ju­di­cia­ry on Au­gust 31, 2016. She was ap­point­ed Pres­i­dent in March.


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