By Indarjit Seuraj Thursday, September 17 2009

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Judicial notes: Attorney General John Jeremie, right, and Appeal Court judge Justice Roger Hamel-Smith exchange notes at the Hall of Justice, Port-of-...

Chief Justice Ivor Archie’s address at the opening of the 2009-2010 law term will be remembered for his eloquence and diligence as the head of the Judiciary.

But for the most part, lawyers agreed he defended the judiciary and stressed the need for its independence, ahead of the draft constitution seeking to implement a ministry of justice.

“What it does, he has made a very clear signal of the separation of powers, and I think what it does is it indirectly endorses Justice (Rajendra) Narine’s position and the Chief Justice is making a stand to protect the independence of the judiciary,” attorney Om Lalla said during an interview outside the Hall of Justice in Port-of-Spain yesterday.

Justice Narine was criticised by Attorney General John Jeremie earlier this week, after the judge referred an affidavit sworn to by Jamaat al Muslimeen leader Yasin Abu Bakr — in which Bakr claimed he had a deal with the Prime Minister during the last general elections — to the Director of Public Prosecutions. In his address yesterday, Archie was critical of the draft constitution proposed by the Government. According to Archie, the draft had “disturbing implications for the independence of the Judiciary.”

He also stated that such reform, and the implementation of a ministry of justice, would “gradually and systematically strip the judiciary of its independence.”

Lalla agreed with Archie’s statements.

“His (Archie’s) commentary on the draft constitution is largely a signal to the country that he is taking a stand to protect the judiciary and the members of the judiciary and I think that is a positive direction we are heading because what he has outlined there is total interference by the State and the Executive in the judiciary if the draft constitution is to be passed,” Lalla said.

He added, “And that is a signal of where the judiciary is and it is an encouraging sign for the country that the judiciary wants to stand independent and would stand independent of any kind of political interference.”

Attorney Keith Scotland agreed with Lalla, noting it was clear the Chief Justice had concerns with the proposal. “I think that the honourable Chief Justice took the opportunity to address the legal profession on a fundamental issue and even though some may say it was unconventional, to my mind it was in keeping with the highest traditions because it was measured, yet potent and in unambiguous terms he outlines his concerns, the issues and the specifics of the drafts,” said Scotland.

Senior Counsel Theodore Guerra described the address as “a damn good speech.”

“Somebody had to pick up on the executive trying to infringe upon the independence of the judiciary. The proposed constitution is wholly outside the Trinidad and Tobago concept of democracy,” Guerra said.

In a brief interview following the speech, Attorney General John Jeremie described the views expressed by Archie as “interesting and thought provoking.”

He, however, noted the implementation of a ministry of justice was done in other Caribbean countries without encroaching on the separation of powers.

“It does exist in most Caribbean countries and elsewhere in the Caribbean. I think it would have to be very carefully thought out and meticulously implemented so as not to encroach on the separation of powers principle,” Jeremie said.