Attorneys representing former chief magistrate Marcia Ayers-Caesar say they have not yet been notified if the State has filed an appeal following the October 12 ruling of the Court of Appeal which found she was coerced and threatened out of office.
However, Senior Counsel Ramesh Lawrence Maharaj said while there has been no word from the opposing legal team, they are still well within the 21-day period for filing, which began on October 13.
The Court of Appeal last week ruled that the former chief magistrate was coerced and forced out of office by the Judicial and Legal Service Commission (JLSC) and that her resignation, which was illegally obtained, should be expunged from the President’s records.
The JLSC, which has the authority to appoint and discipline judicial officers, is headed by Chief Justice Ivor Archie.
Justices of Appeal Allan Mendonca, Nolan Bereaux and Alice Yorke-Soo Hon delivered separate but unanimous decisions upholding the appeal by Ayers-Caesar that she had been pressured into resigning as a High Court Judge in 2017.
Legal counsel for the JLSC last Friday said it was too soon to say if an appeal would be filed.
No update has since been provided on whether or not an appeal will be filed.
Meanwhile, Guardian Media understands that the Law Association of T&T (LATT) is expected to release a statement on the ruling shortly.
The Court of Appeal judges found that the decision of the JLSC on April 27, 2017, that Ayers-Caesar be given the option of withdrawing from the High Court bench and returning to the magistracy to discharge her professional responsibilities—and in the event she refuses to withdraw, the Commission would consider instituting disciplinary action in accordance with Section 137 of the Constitution, was ultra vires, and declared null and void.
Ayers-Caesar was appointed a judge on April 12, 2017 and resigned 15 days later amidst public outrage regarding the number of unfinished cases she left behind in the Magistrates’ Court, which was initially said to be 28—but was later changed to 53.
Maharaj is scheduled to host a media briefing in Port-of-Spain this weekend, to provide a detailed analysis of the judgment and an explanation of the consequences. Another briefing is scheduled to be held on October 28 at the Sanatan Dharma Maha Sabha (SDMS) headquarters in St Augustine to delve into the sedition dismissal which current SDMS Secretary General Vijay Maharaj also lost last week.
