Chief Justice replies to critics of award of “silk”

Port-ofSpain: Chief Justice Ivor Archie has broken his silence on the controversy surrounding the award of senior counsel to 16 persens last week including himself,for which he has been criticised.

A statement released just after six this morning says the the Chief Justice has been following the recent debate, albeit by a few, surrounding the recent award of silk by his Excellency the President of the Republic of Trinidad and Tobago to him and the longest serving member of the bench and most senior appellate Judge, Justice of Appeal, Wendell Kangaloo.

The statement says he has so far chosen to allow the debate to pan out without any intervention by himself, but in light of certain unfortunate positions that have been developing, his Lordship is constrained to observe as follows.

"An important point is being missed in the whole controversy over the alleged breach of the separation of powers. It cannot be that the grant of an honour or award by the president to
a sitting judge on the recommendation of the prime minister is, by itself, a breach of the separation of powers or a threat to the independence of the judiciary else those persons
[including former Chief Justices de La Bastide and Sharma] who as sitting judges accepted national awards would have been guilty of condoning such a breach and should consider
returning them.

"One is left to wonder whether in the case of the recent award of silk the real objection is to the particular award, the particular judges or the particular prime minister. If  there can be some clarity on that issue then perhaps we can have a meaningful and constructive debate."