22 February 2018
Dear Members,
We write to keep you informed of the actions taken by the Council of the Law Association in connection with certain allegations made in the media against the Honourable Chief Justice.
Please be advised that at the meeting of the Council of the Law Association held on Tuesday 20th February 2018, the Committee of the Law Association, appointed to ascertain/substantiate the allegations made against the Honourable Chief Justice, reported to the Council as follows:
1) That by letter dated 20th January 2018, the Committee invited the Honourable Chief Justice to respond to a list of allegations which, in the Committee’s view, were sufficiently substantiated to justify requesting a response;
2) That Attorneys-at-Law for the Honourable Chief Justice first took the position that the Law Association had no power to conduct the enquiry and then asked to be provided with relevant documents, photographs and Whatsapp messages in the Committee’s possession;
3) That despite being provided with this information under cover of a letter dated 6th February 2018, Attorneys-at-Law for the Honourable Chief Justice have not responded to the allegations to date;
4) That on the 23rd February 2018, the Committee will submit its report to Dr. Francis Alexis QC and Mr. Eamon Courtenay QC for their advices;
5) That by email dated 20th February 2018 Attorneys-at-Law for the Honourable Chief Justice were informed of the Committee’s intention to brief Dr. Francis Alexis QC and Mr. Eamon Courtenay QC and were invited to submit the Honourable Chief Justice’s response if they wished Counsel to consider same.
Council approved of the Committee’s proposed course of action and further approved the calling of a Special General Meeting to consider the Committee’s report and any advice received from Counsel, such meeting to be held on March 16th 2018.
On Wednesday 21st February 2018, the day following Council’s meeting, the President of the Law Association received a pre-action protocol letter from the Attorneys-At-Law for the Honourable Chief Justice informing him of the Honourable Chief’s Justice intention to commence proceedings in the High Court to challenge the ‘investigation’ being conducted by the Association and asking that no further steps be taken to further the enquiry until the High Court has pronounced upon the legal and constitutional propriety of the Association’s proposed action.
The intended grounds of challenge appear to be that
- The Law Association is not empowered under the Legal Profession Act to conduct, ascertain or establish the basis of allegations made against the Chief Justice because the Constitution provides the exclusive avenue for such an enquiry under section 137 thereof.
- The Law Association’s enquiry is tainted by apparent bias because of the Association’s previous motion of no confidence against the Honourable Chief Justice. There was accordingly “a real possibility that the Law Association’s insistence on conducting an investigation is motivated by the Law Association’s pre-conceived disposition against” the Honourable Chief Justice.
The Attorneys-at-Law for the Honourable Chief Justice contend that it is accordingly unconstitutional and unfair for the Law Association to conduct an investigation.
The Council of the Law Association has retained Mr. Christopher Hamel-Smith SC, Mr. Jason Mootoo, Mr. Rishi Dass and Mr. Robin Otway with instructions to respond to the pre-action protocol letter by 23rd February 2018.
The Committee intends to proceed with the course of action approved by Council, including to submit its brief to its external advisers on 23rd February 2018, and Council intends to call an SGM, as planned.
Yours faithfully,
Elena Araujo
Secretary