A senior member of the Criminal Bar Association (CBA) has distanced himself from a call by the association’s president Israel Khan, SC, for an independent probe into Chief Justice Ivor Archie’s conduct in the matter involving High Court judge Marcia Ayers-Caesar.
In a statement on April 4, John Heath, SC, said he was of the firm view that Khan’s actions and utterances were his own and not that of the criminal bar.
Health said, “As a member of the criminal bar, I do not recall there being any meeting in which the criminal bar would have sought to call upon the Prime Minister to initiate section 137 proceedings against the Chief Justice, nor am I am aware of the criminal bar discussing whether the Chief Justice should be investigated for misbehaviour in public office.
“I also cannot recall soliciting the views of our membership on either issue. I, of course, respect Senior Khan's right to express his views.”
Heath was responding to Khan’s “symbolic” removal of a framed portrait of the CJ at his Justitia Omnibus Chambers on April 3, destroying it. Khan had also staged a one-man protest on the steps of the Hall of Justice, Port of Spain, calling on Archie to resign.
In brief remarks before he destroyed the photograph, Khan said he sent a letter to Prime Minister Stuart Young on behalf of the Criminal Bar Association (CBA), calling on him to invoke section 137 for an independent probe.
Khan insisted he was not acting on his own but on behalf of the CBA.
“We are not saying to fire him. What we are saying to do is set up an independent tribunal to find out whether he should be fired,” he said.
“We are saying give him the right to be heard and explain why he told the president she (Ayers-Caesar) resigned voluntarily. Let him explain why he told her that you can go back and complete the matters in the magistrate court and then we would reappoint you.”
Contacted on Friday, Khan said he respected Heath’s position.
“I would have done the same. I have great admiration for him and is of impeccable character and he has a right to disagree.”
However, Khan said the majority of the CBA’s executive had agreed on the approach to the Prime Minister calling on him to trigger section 137.
He admitted that the destruction of the photograph and his one-man protest were not sanctioned by the CBA and were of his own accord. Khan insisted he had no agenda against the Chief Justice and posed his own question to his junior, “Does he (Heath) think there should be a section 137 investigation?”
In a statement, Khan said since his protest and his destruction of the CJ’s portrait, he has received praise and condemnation from the public and lawyers.
“Many of my detractors have accused me of bringing the administration of justice into disrepute by attacking the Chief Justice. And this, they all say, is a contempt of court.”
However, Khan was adamant, “Yes, it is a contempt of court to bring the Chief Justice into disrepute: and it is a contempt of court to scandalise the Office of the Chief Justice.
“The law holds tha
