I hereby call upon the Director of Public prosecutions, Mr Roger Gaspard SC to invoke his powers under Section 90 of the Constitution to request the Commissioner of Police detail a senior officer to conduct a thorough investigation to ascertain whether the former Chief Magistrate, Marcia Ayers-Caesar or and Chief Justice, Ivor Archie had committed the common law criminal offence of misbehaviour in public office in relation to the present criminal matters left in abeyance by the said Marcia Ayers-Caesar.
Honourable Director, the pertinent fact which should trigger the investigation against Marcia Ayers-Caesar is in the public domain via an official press release by the Office of the Chief Justice in which he stated categorically that Mrs Marcia Ayers-Caesar indicated to the JLSC that only two summary cases and a few paper committal matters constituted the quantum of her part-heard matters and it was on that basis the JLSC advised the President to appoint her a Judge of the High Court. The Office of the Chief Justice subsequently revealed (after the violent protestations in open court by several accused persons on murder charges which were part-heard by Marcia Ayers-Caesar) via another official press release that she had left in abeyance fifty-three (53) outstanding part-heard matters. Simultaneously with this press release, it was revealed that Mrs Ayers-Caesar had resigned her position as a judge of the High Court. And it was also divulged to the public via official press release from the office of the Chief Justice that the JLSC was contemplating disciplinary proceedings against her. It is instructive that retired Chief Justice, Michael de La Bastide stated in a press interview via the print media on Monday, June 5 that disciplinary action could be taken against the former Chief Magistrate for misleading the Chief Justice and the members of the JLSC vis-à-vis her pending part-heard matters.
Honourable Director, it goes without emphasising that if a police investigation were to reveal that the Learned Chief Justice is speaking the truth on this issue, then the former Chief Magistrate may have committed the common law criminal offence of misbehaviour in public office. What the Learned Chief Justice is telling the stakeholders in this matter and by extension the people of Trinidad and Tobago is that Marcia Ayers-Caesar deliberately withheld from him and the members of the JLSC that there were fifty-three (53) outstanding part-heard matters involving her good self because she wanted to be immediately or as soon as possible appointed to the HIGH Court. The Chief Justice is telling us that he was misled by the goodly Marcia Ayers-Caesar when she indicated to him that it was only two summary matters and a few paper committals which were part-heard before her. The Chief Justice by implication is telling us that the former Chief Magistrate lied to him in order for him and the JLSC to recommend her swearing-in as a judge. In other words, he is saying that she could not have cared less. She had pulled wool over their eyes. Thus she was selfish and irresponsible.
Be that as it may, Learned Director (DPP) subsequent to the Chief Justice’s explanation for recommending her appointment to the High Court it was revealed via Sunday Guardian issue June 11, 2017 by the very Marcia Ayers-Caesar that she informed the Chief Justice that she had left twenty-eight (28) outstanding part-heard matters. By implication she is saying that the Learned Chief Justice is a stranger to the truth when he told all and sundry that she had told him that her part-heard matters constituted only two summary cases and a few paper committal matters.
Most alarming of all, the former Chief Magistrate stated that she was forced to resign as a Judge of the High Court and she was told that she would be restored as a Magistrate to complete her part-heard matters and then latter be reappointed to the High Court.
Who is speaking the truth in all this Ivor Archie/Marcia Ayers-Caesar constitutional mess? Who is to be blamed for this sordid affair?
Honourable DPP, I humbly suggest that you note that only a meticulous police investigation would reveal the true facts as to who misled whom and who is to be blamed and most of all who misbehaved in public office.
Thus both the Chief Justice, Mr Ivor Archie and the former Chief Magistrate, Mrs Marcia Ayers-Caesar should be included as persons of interest in a police investigation vis-à-vis misbehaviour in public office.
It is trite law that if a public officer harbours an oblique motive in committing a wrong he/she has committed the common law offense of misbehaviour in public office. Did Marcia Ayers-Caesar deliberately and knowingly lie to the Chief Justice on the issue of the status of her part-heards or did the Chief Justice, made aware that she had at least twenty-eight (28) outstanding part-heard matters, and for whatever oblique motive he may have had, ignore this, did not inform the other members of the JLSC and caused them to put their signatures on the document recommending to the President to appoint her to the High Court.
Is it when the faeces hit the fan with the violent protestations of prisoners left in the abyss of the part-heard matters that the Chief Justice took in front before front could take him and forced Mrs Marcia Ayers-Caesar to resign?
Honourable Director of Public Prosecutions, this is a very serious matter and it should not be swept under the proverbial carpet. I sincerely urge you to be objective and dispassionate, as per your usual self, and regardless of race, colour, class or creed or vaunted position and status of persons involved in this matter, to request a police investigation into this constitutional mess so that on this issue real meaning would be given to the preamble of our Constitution (supreme law of the land) which states that the people of Trinidad and Tobago recognise that men and institutions remain free only when freedom is founded upon the respect for moral and spiritual values and the Rule of Law.
The Rule of Law demands an impartial investigation into this unprecedented constitutional mess in order to ascertain the true facts.
I dare say, as it now stands, both the Learned Chief Justice and the former Chief Magistrate should be duly investigated in order to ascertain who misled whom and who misbehaved in public office. The sixty-four (64) thousand dollar question is, Was there a conspiracy between the Chief Justice and former Chief Magistrate to have her sworn in immediately or as soon as possible, and what was the oblique motive?
Israel B Rajah-Khan
