Tuesday 7 July, 2020

Law Association to proceed with investigation into Chief Justice

Despite having his appeal dismissed by the Privy Council, Chief Justice Ivor Archie says he is heartened by the decision.

Archie filed an appeal challenging an investigation by the Law Association (LATT) into allegations of misconduct made against him, which the Privy Council rejected.

In a statement on Thursday afternoon, Archie said it was clear from the Privy Council’s decision that the law does not entitle the LATT to investigate the Chief Justice with a view to finding fact.

He said he had only instructed his lawyers to file the legal action as a last resort, and only when the LATT declared that they could hold a member of the judiciary to account.

Archie said he considered the comments by the Association to be a threat of grave concern and contrary to the independence of the judiciary and the rule of law.

Commenting on the Privy Council ruling, Archie said it’s clear the law does not entitle the Law Association to investigate the Chief Justice with a view to finding fact.

“As the Privy Council explicitly stated, the Law Association is in no position to make findings of fact that are in any way binding upon the Chief Justice or upon any tribunal which might be established.

In both the decision and the Official Release the Privy Council has also cautioned that The Association will be conscious of any possible legal constraints relating to the dissemination of its Report.”

Archie added that he welcomes the strong statements of principle and good sense, and expressed the hope that there would be no further need to have recourse to the Courts to establish his rights.

Meanwhile, the Law Association said it will proceed with its investigation into the allegations against Archie, with “continued fairness and due deliberation”.

In a letter signed by the Association’s Secretary, Elena Araujo, the LATT said it is within its mandate to investigate serious allegations against any member of the Judiciary which may undermine the administration of justice and rule of law.

With Archie’s appeal dismissed, the LATT is now free to convene a meeting of its membership to consider any legal advice it may receive in relation to its investigation into the Chief Justice.

Barring exceptional circumstances, LATT said it will not make any further public statements until a Special General Meeting of its membership is called. 

 

Get the latest local and international news straight to your mobile phone for free:

Download the Loop News Caribbean app on Google Play Store: http://bit.ly/GetALoop

Download the Loop News Caribbean app on the App Store:  http://bit.ly/GetiLoop

Get the latest local and international news straight to your mobile phone for free: