Senior Counsel Avory Sinanan weighs on Chief Justice Ivor Archie announcing he will retire during this law term, after 16 years at the helm, closing a tenure marked by reform, resilience, and controversy.
00:07to retire does not come as a surprise. He notes that while the administration of justice
00:13expanded significantly under Archie's stewardship, the heavy administrative burden, constant
00:21travel and a limited time for adjudicating cases took its toll, as was stated by the
00:27Chief Justice, making his departure an understandable one. Still, Sinanan says the jury is still out
00:34on whether his tenure can be deemed a full success, given that his stewardship was mired in controversy.
00:41His stance in relation to his stewardship over the years has had the effect of bringing, of undermining
00:50public confidence in the administration of justice. And I won't go so far as to say has brought it into
00:56disrepute, but it has undermined the public confidence in the administration of justice.
01:01So that I don't think he's going to get a great grade in terms of a distinction in his stewardship.
01:13While President of the Criminal Bar Association, Israel Khan SC, said he was relieved by the
01:19announcement, even remarking his first reaction was good riddance and to go in peace. Senior
01:26counsel Sinanan does not share that perspective.
01:30Like some of my colleagues, I wouldn't say good riddance, because let me say this, Marlon,
01:35I think as a jurist, the incumbent Chief Justice was a very good judge. And he was erudite, he was bright. And I think in a sense, it is a loss to the judiciary. And I'm really sorry to see him go in these circumstances.
01:59However, the senior counsel says steps must be taken to restore public confidence in the independence
02:07of the judiciary. He says there is no better time than now.
02:13If the appointment of judges is removed, not entirely, but solely from the judicial and legal service commission, I think that the Chief Justice should no longer be the chairman of that commission. Some other independent person should be appointed.
02:33And the judicial and legal service commission should act on the recommendations of an independent committee outside of the, outside of that, of that, of that commission.
02:45Sinanan notes that while Trinidad and Tobago upholds the principle of separation of powers, interaction between the judiciary and the executive is inevitable and tensions will naturally arise.
02:59However, he stresses the need for transparency and safeguards to protect judicial independence.
03:06Again, it depends on the office holders. You've had, you've had prime ministers who have been critical of the judiciary. You have had politicians who have been critical of the judiciary.
03:16You have, you have had chief justices who have been critical of the executive in the public domain. All of that has been played out in the public domain.
03:23And so I, I can't say that, I can't say that they, they, they have discharged their, their, their, their, if I may put it this way, the, the, the, the protocol with respect to the separation of powers with, with, with, with the greatest aplomb and decorum.
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