Unreasonable and unfair criticism over the Judicial and Legal Service Commission’s handling the short-lived judicial appointment of former chief magistrate Marcia Ayers-Caesar, has been cited as the reason for the resignation of two members of commission last month.
While the Office of the President on Thursday claimed that both retired Justices of Appeal Roger Hamel-Smith and Humphrey Stollmeyer stated they were leaving the commission for “personal reasons,” when they tendered their resignations on June 22 they in fact gave details for their decision.
Some of these details were given in a release on the issue from President’s House yesterday, as it apparently reacted to criticism over the late release of the information on the resignations, including from Prime Minister Dr Keith Rowley. (See editorial on Page A16)
The release quoted more extensively from Stollmeyer’s resignation letter, in which he claimed that the public uproar surrounding the cases left unfinished by Ayers-Caesar upon her brief appointment as a judge in April caused him to reassess his role in public life.
“It has become increasingly obvious that fulfilling that duty, or those duties, faces great difficulty in light of the ever-increasing tendency in our society to criticize and condemn unjustifiably … those who undertake the task of serving. Inevitably, it causes distress both to the individual and to his or her family and friends,” Stollmeyer said in the letter.
He added: “It is unfair of me to continue to inflict that distress upon those for whom I have so much love and regard. I find myself with no alternative but to depart public life.”
The release from the President’s office did not reveal the reasons proffered by Hamel-Smith for his resignation, save to say it was for personal reasons.
The T&T Guardian was told that it is the policy of the President’s Office not to release details of letters of resignation unless granted permission by the author. A source claimed that President Anthony Carmona’s staff attempted to contact Hamel-Smith but was unsuccessful, as he (Hamel-Smith) had travelled abroad as the resignations took effect on June 30. However, the T&T Guardian understands that both Stollmeyer and Hamel-Smith cited similar grounds.
The release also did not not address questions raised over the almost week-long delay in announcing the men’s resignations.
In the release, Carmona’s communication advisor, Theron Boodan, also claimed that Carmona had already begun the process of replacing the duo.
Under the Constitution, Carmona selects potential candidates and then consults with the Prime Minister and Leader of the Opposition before announcing the appointments.
Boodan also claimed that Carmona had complained in the past about the reluctance of people to accept positions in public life due to public scrutiny.
“The reluctance, he would note, is in large measure sometimes due to the vitriol, unfair and unjustifiable criticism levelled against persons brave enough to serve and the resulting hardship and undue distress caused to family members and genuine friends,” Boodan said in the release.
Contacted yesterday, a judicial source suggested that Carmona should consider issues raised in the United National Congress’ (UNC) pending appeal before the Privy Council over the constitution of the members of the JLSC when considering his selections.
“His Excellency may be well advised to desist from appointing two retired judges and instead appoint one retired judge and a lawyer who is not in active practice, as it’s better to err on the side of caution in the event that the Privy Council disagrees with the Court of Appeal’s interpretation of the Constitution,” the source said.
Contacted yesterday, Senior Counsel Israel Khan said Stollmeyer’s claims underscored the need for a criminal probe into the the Ayers-Caesar fiasco.
“The so-called facts which were publicly revealed by both Ayers-Caesar and the office of the Chief Justice point to the inescapable fact that either the said Marcia Ayers-Caesar or the entire JLSC committed the criminal offence of misbehaviour in public office for the obvious reasons,” Khan said.
Questions have been also raised over whether the remaining members of the commission - Chief Justice Ivor Archie, head of the Public Service Commission (PSC) Maureen Manchouck and attorney Ernest Koylass, SC - can continue to perform their duties with the appeal pending before the country’s highest appellate court.
While the UNC conceded in the Court of Appeal that the JLSC may make decisions with a quorum of three members, it maintained the reduced quorum could not operate without the commission having a full complement of five members.