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  • 1 year ago
Former Attorney General, Senior Counsel Ramesh Lawrence Maharaj says the Privy Counsel ruling in the case of High Court Judge Marcia Ayers-Ceasar versus the Judicial and Legal Service Commission, should not be swept under the rug.

This country’s final court of appeal on Monday found that Ayer’s Ceasars was “pressured” to resign back in 2017 as a recently appointed high court judge by the JLSC which is led by Chief Justice Ivor Archie.

In a press conference on Thursday, Maharaj said he cannot understand how the Chief Justice can be silent and remain in office as if nothing has happened.

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Transcript
00:00This is not an ordinary case. This is not something we can sweep under the carpet.
00:06This is not something that we can remain silent for a few days and it should go away.
00:14Ramesh Lawrence Maharaj SC says the Privy Council ruling in the case between former
00:19Chief Magistrate Marcia A. Caesar and the JLSC was clear. He says there is no legal framework
00:26which allowed the JLSC, headed by Chief Justice Ivor Argy, to give A. Caesar the option of
00:32resigning as a High Court judge and return to the magistracy or face disciplinary action.
00:38This is the Privy Council and the Court of Appeal telling the JLSC what you did,
00:44there was no basis in law for what you did.
00:49You didn't act on law, you acted on something else.
00:54You probably acted on the whims and fancies of individuals,
00:57but law didn't play any part in your decision.
01:02He says he cannot understand why this ruling has not yet prompted the resignation of the
01:07Chief Justice and encouraged other members of the then JLSC to come forward and speak
01:12out on what happened eight years ago. I took an oath to uphold the Constitution and the law
01:19and I cannot understand, for the life of me, I cannot understand
01:24that how can someone take an oath to uphold the Constitution of the law
01:32and something like this can happen and they can remain silent or they can remain in office
01:39or they can continue as if nothing happened.
01:42Miraj says judges need to be independent and have security of tenure
01:47as judges safeguard and enforce the rights of the public.
01:50On Thursday, he said attorneys have a duty to stand up and protect the independence of judges
01:57so that they can be fearless in the discharge of their duties to protect the public interest.
02:02I think a lot of attorneys think very strongly about the matter,
02:06and but as you know lawyers generally don't like to protest and Mr. Israel Khan should
02:12be congratulated for being very outspoken. There may be in the days coming a different
02:21kind of protest. Sometimes, even if a public officer decides to remain in office
02:28and should not remain in office, the way of judicial review has developed. I'm sure some
02:33lawyer in Trinidad and Tobago might decide to challenge that in the court.
02:37Cindy Raguban Tikasingh, TV6 News.
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