Dear Members,
Further to a previous email informing you of decisions of Council in relation to certain allegations made against the Chief Justice in the Express Newspapers, the Council of the Law Association advises the membership further of the following matters:
1. On November 30th 2017, as mandated by the Council, the President of the Law Association, Mr. Douglas Mendes SC, and Senior Ordinary Member, Mr. Elton Prescott SC met with the Chief Justice. Also present was Master Christie-Anne Morris-Alleyne. At that meeting, Mr. Mendes and Mr. Prescott informed the Chief Justice of the following:
a) That the Law Association considers that it has a dual role to play: on the one hand, to protect the Judiciary from unfounded allegations and, on the other, to hold the Judiciary accountable for its actions.
b) That the Law Association had taken note of allegations made against him in the Express Newspapers, namely 1) that he had discussed the matter of personal security for judges with a named person (not a judge); and (2) that he had recommended/referred two or more individuals to the HDC for accelerated housing grants.
c) That the allegations made against him are serious and are considered by the Law Association to be serious.
d) That this is a view shared by many members of the Law Association and other members of civil society.
e) That there have been calls for his resignation having regard to his failure to respond to the allegations.
f) That his failure to respond has most likely led members of society to conclude that there is some truth to the allegations.
g) That the gravity of the allegations and his failure to respond have brought the office of Chief Justice into disrepute and by extension the entire judiciary.
h) That the Council of the Law Association has resolved to investigate the allegations to determine whether they are true or not.
At the conclusion of the meeting, the Chief Justice said that he would think about the representations made to him.
2. The Committee established by the Council is mandated to report to the Council on or before 29th December 2017;
3. Council has resolved to retain two Senior Counsel to advise on the question whether there is sufficient basis to refer a question of misbehaviour by the Chief Justice to the Prime Minister for his consideration pursuant to section 137 of the Constitution;
4. Upon receiving such advice, Council will convene a meeting of the general membership to consider such advice and obtain directions as to the way forward.
Regards,
ELENA ARAUJO
SECRETARY