Privy Council judgment in Trinidad and Tobago appeal to be published today

On appeal from the Court of Appeal of the Republic of Trinidad and Tobago

Since November 2017 the Chief Justice of Trinidad and Tobago, Mr Justice Ivor Archie O.R.T.T. has been the subject of allegations of serious misconduct in the media, suggesting that he has corruptly and knowingly used his office in concert with convicted felons for their benefit.

The Council of the Law Association of Trinidad and Tobago decided on 29 November 2017 to establish a committee to ascertain/substantiate the facts on which the allegations were based and to report back to the Council.

Following correspondence requesting the Chief Justice to give his response to the allegations, and a decision on 23 February 2018 to continue to take steps in the enquiry, the Chief Justice issued a claim for judicial review. He claimed that the LATT’s investigation was proscribed by the Constitution of Trinidad and Tobago, was outside its statutory powers, and the decision to investigate him had the appearance of bias.

The issues are:

1. Whether section 137 of the Constitution provides the sole basis for investigating the conduct of the Chief Justice and removing him/her from office;
2. if not, whether section 5 of the Legal Profession Act provides the respondent with authority to conduct an investigation into allegations made against the appellant;
3. whether the respondent’s investigation is tainted by pre-judgment or bias;
4. whether the respondent’s investigation has been carried out unfairly and in breach of the principles of natural justice.

More details at: https://www.jcpc.uk/cases/jcpc-2018-0063.html