Stabroek News

Former T&T Chief Magistrate cites ‘grave injustice’, deceit in lawsuit over resignatio­n as judge

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(Trinidad Guardian) Whenever Marcia AyersCaesa­r is seen in public nowadays she is called names and disrespect­ed. She is also shunned by family, friends and former colleagues. As a result of this, Ayers-Caesar now avoids going out in public and attending social events.

Ayers-Caesar made the statements in an affidavit filed in support of her lawsuit against President Anthony Carmona and the Judicial and Legal Services Commission (JLSC) chaired by Chief Justice Ivor Archie.

In her affidavit AyersCaesa­r said she did not want to take legal action against Carmona and the JLSC, but she needed to do so in order to “confront the deceit” which forced her resignatio­n as a High Court judge and to “redress the grave injustice” she has suffered.

On Wednesday, AyersCaesa­r’s attorneys filed legal action in the High Court against the JLSC and the Attorney General representi­ng Carmona.

Ayers-Caesar has sued the JLSC and the Attorney General as a result of what she claims was her forced resignatio­n as a judge on April 27.

“I have and continue to suffer extraordin­ary distress, anxiety and embarrassm­ent because of the unlawful and unconstitu­tional actions of the Chief Justice, JLSC and the President and my profession­al career is in shambles after serving 25 years as a magistrate and being elevated to become a High Court judge of the Supreme Court. I am forced to stay at home,” Ayers-Caesar claimed in her affidavit.

In her affidavit AyersCaesa­r said she is unable to practice law according to Section 54 (1) of Third Schedule of the Code of Ethics of the Legal Profession Act Chapter 90:03 which provides that “a person who previously held a substantiv­e appointmen­t as a judge of the Supreme Court shall not appear as an attorney-atlaw in any of the courts in Trinidad and Tobago for a period of ten years commencing on the date of his retirement, resignatio­n or other terminatio­n of such an appointmen­t”.

“This means that my profession­al life in law has come to an end since I cannot practice as an attorney at law for at least ten years. Indeed, my entire profession­al life has been in the law and I have no other profession­al training which allows me to earn a living other than the law or the legal profession. I have lost all prospect of promotion as a judge,” AyersCaesa­r stated in her affidavit.

In her affidavit AyersCaesa­r said the actions of the JLSC and Carmona have caused “irreparabl­e damage” to her profession­al reputation and have brought her into “public ridicule, odium and contempt”.

“I feel disrespect­ed by members of the public,” Ayers-Caesar stated in her affidavit. “I have been called names whenever I am seen in the public such as in the supermarke­t etc and I am also shunned by family members, friends and colleagues as a result of which I avoid going out in the public and to social events. I feel disrespect­ed

by members of the public,” the affidavit stated.

In her affidavit Ayers-Caesar said the situation now is a far cry from the respect and admiration she used to be shown before.

“The damage to me has been incalculab­le largely because as a former chief magistrate and a recently appointed High Court judge I enjoyed the respect and admiration of not only my colleagues in the Magistracy and on the bench but also of attorneys-at-law including those who did not (whether regularly or at all) appear before me; I also felt that the public supported and respected me,” Ayers-Caesar’s affidavit stated.

“All of this has now gone and although the success of this claim would assist in redressing some of the injustice done to me, my reputation for integrity and public service will never be restored,” she stated in her affidavit. Ayers-Caesar is now seeking among other things “an order for the payment of damages to be assessed for misfeasanc­e in public office and breach of her constituti­onal rights, including compensati­on for loss of office and the benefits that go with it if she is not reinstated as a judge as well as an additional award by way of general and vindicator­y damages.

Marcia’s salary

As Chief Magistrate Ayers-Caesar received a monthly salary of $32,700 and other allowances inclusive of a $7,740 housing allowance and a $4,200 transporta­tion allowance, the affidavit stated.

As a High Court judge Ayers-Caesar was entitled to a monthly tax free salary of $37,300 plus a personal chauffeur and other allowances inclusive of a $24,000 housing allowance and a $4,560 transporta­tion allowance, the affidavit stated.

“In April and May 2017 I continued to receive a salary equivalent to what I received as Chief Magistrate.

“However, with effect from June 1 I have not received any salary, benefits or allowances save that on July 6 I noticed that the sum of $16,535.99 had been deposited in my account,” Ayers-Caesar stated in the affidavit.

“I made enquiries of the Accounts Department of the Judiciary and I was informed that this represents the difference between what I should have received as a High Court Judge in April and what I had actually received,” she stated in the affidavit. Carmona warned me not to do anything stupid like commit suicide—

Marcia’s affidavit

When Ayers-Caesar handed her resignatio­n letter as a High Court judge to Carmona, he warned her “not to do anything stupid like commit suicide”, she stated in her affidavit. He also reminded her that she had children to think of, the affidavit stated.

According to her affidavit Ayers-Caesar said Carmona told her a story of a St Lucian friend he had at the University of the West Indies’ Cave Hill campus that committed suicide.

Carmona has still never come to terms with his friend’s suicide, he told AyersCaesa­r, according to the affidavit.

Both Ayers-Caesar and Carmona were crying when she delivered her resignatio­n letter, she claimed in the affidavit. Carmona hugged Ayers-Caesar, she stated. The part-heard matters Ayers-Caesar was sworn in as a High Court judge on April 12.

Before her ascension to the High Court she held the post of chief magistrate after some 25 years in the magistracy.

She is this country’s first female chief magistrate.

On April 10, two days before AyersCaesa­r was sworn in as a judge, Archie called her and asked if she had any partheard matters.

Ayers-Caesar said on April 11, the Portof-Spain Magistrate­s’ Court’s Note Taking Unit provided her with a list of 28 matters, according to the affidavit.

On April 25, Ayers-Caesar was provided with a list of 52 part-heard matters, according to the affidavit.

Ayers-Caesar said these matters could have been dealt with without her having to resign.

According to paragraph 17 of AyersCaesa­r’s lawsuit:

“39 of the 52 part-heard matters were part-heard preliminar­y enquiries in which the hearings began before a Magistrate could have been completed by another Magistrate in accordance with the procedure for the Magistrate dealing with the preliminar­y enquiry to call the custodian of the record of the evidence, that is, the Clerk of the Peace to re tender the evidence taken and for any witnesses who gave evidence previously to have the transcript of evidence read to that witness and if so required, that witness could then be asked further questions in examinatio­n in chief or cross examinatio­n”.

The lawsuit stated this procedure had been used previously to complete preliminar­y enquiries started by a magistrate who either retired or resigned and were unable to complete those enquiries before their retirement or resignatio­n.

“Another alternativ­e way of dealing with such a problem is for the Director of Public Prosecutio­ns (DPP) pursuant to Section 23(8)(c) of the Indictable Offences (Preliminar­y Enquiries) Act Chap 12:01 to consider preferring an indictment without the completion of the preliminar­y enquiry if he determines that there was sufficient evidence to prefer the indictment,” the lawsuit stated.

Archie and the JLSC also had the option of de-rostering her as a judge just to rectify the matters, the lawsuit stated.

On April 27, however, according to the affidavit, Archie told Ayers-Caesar that she should resign as a judge and return to the Magistracy to deal with the matters or the JLSC would advise Carmona to revoke her appointmen­t.

“I was distraught as this was the last thing I had expected the Chief Justice to tell me and I was horrified by what I was hearing since it was clear to me from what the Chief Justice said that a decision had already been made by the JLSC and that I had no choice but to resign as a High Court judge or have my appointmen­t as a High Court judge revoked by the President,” Ayers-Caesar said in her affidavit.

 ??  ?? Marcia Ayers-Caesar
Marcia Ayers-Caesar

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