Dear Members
This is to advise that by Judgment delivered today, the Honourable Madame Justice Nadia Kangaloo quashed the decision of the Law Association, contained in a letter dated 23 February 2018 replying to the Honourable Chief Justice’s pre-action protocol letter, to continue its investigation and/or inquiry to ascertain/substantiate allegations made against the Honourable Chief Justice.
The learned trial judge also announced in Court that the Law Association’s actions were not tainted by apparent bias arising from the Association’s previous resolution of no confidence in the Honourable Chief Justice.
The Council has since met and taken the advice of its attorneys. Based on that advice, the Council has instructed its attorneys to lodge an appeal against the decision of Madame Justice Kangaloo and to apply immediately for an expedited appeal to be heard before the Special General Meeting carded for 15 March 2018.
We wish to advise that at paragraph 21 of her judgment her ladyship said that like any citizen of Trinidad and Tobago the Law Association has a right to lodge a complaint with the Prime Minister under Section 137 of the Constitution against a judge or the Chief Justice, but we understand her judgment to be that the Law Association has no power to seek via investigation to substantiate that complaint before it is lodged.
We have been advised by Senior Counsel and his team that it is best to err on the side of caution and to treat the effect of the Honourable Judge’s order to be that Dr Francis Alexis QC and Mr Eammon Courtenay SC ought not to complete the advice requested and that, as things stand, the SGM ought not to continue as requisitioned. However, the Council has not yet decided to cancel or postpone the SGM in the hope and expectation that the Court of Appeal will hear the intended appeal before that date.
A copy of the judgment is attached but we advise that her ladyship intends to revise it to include certain ex tempore dicta. Notwithstanding paragraph 39 of her ladyship’s judgment, the issue of costs has been reserved.
The Council will keep the membership updated accordingly.
Regards
The Law Association
