Daly Pain: The chief judge should be faced with the responsibility of the Malast Administration; No more questions for the Minister of Finance

In response to several requests, I comment on the now established administration of the Ayers-Caesar situation and I also develop the provisions of article 57 of the Constitution, to which I referred last week as part of the introduction to the cabinet of a new Minister of Finance.

Marcia Ayers-Caesar was appointed judge of the High Court and swore before having finished numerous questions pending before her before the Court of First Instance, where she was sitting immediately before her appointment. She was actually the chief magistrate.

The chief judge Iver Archie (left) and judge Marcia Ayers-Caesar.

The chief judge is the president of the Committee on Judicial and Legal Services (the JLSC), who had appointed him to the High Court.

The JLSC did not accept the decision of the Court of Appeal in the judicial review procedure initiated by Ayers-Caesar that the Commission acted illegally in the purchase of its resignation from the High Court. He appealed to the judicial committee of the Private Council (the PC) and lost the appeal.

The call for the PC was itself ironic given the strong conviction of some that we should not run in London with calls when there is the possibility of joining the established Caribbean Court of Justice.

We can take note of the conclusion that the JLSC was motivated by an understandable desire to solve the practical problem resulting from the probability that cases of encouragement had to start again before another magistrate. However, the JLSC made horrible errors and has fundamentally managed the situation.

The chief judge Ivor Archie (Center). Photo: TTPS.

The JLSC did not act fairly by giving Ayers-Caesar the possibility of responding to the allegations carried against it, which it should have been warned by the JLSC. The possibility of being heard is a fundamental requirement of equity.

The JLSC was also proven to have placed Ayers-Caesar under pressure to resign and the PC concluded that pressing a judge to resign by exercising the threat of disciplinary procedure, as the Commission did in this case, bypassing the constitutional guarantees established in article 137 and undermined their objective.

Even if the JLSC may not have been motivated by malice towards Ayres-Caesar, it is shocking that an organ led by the chief judge does not understand how to act fairly and how to respect the provisions of article 137 of the Constitution.

As described by the PC, this is the section which meets the need to protect the judiciary against the threat to judicial independence, and therefore to the impartial application of the law, which would occur if the processes of dismissal could be used by the executive to penalize or intimidate the judges.

Photo: A status of justice.

For these acts of poor administration, not to deal with Ayers-Caesar fairly and undermine the constitutional protection granted to the chief judge of Jucthe must be fully responsible.

It should also be noted that an argument deployed on behalf of the JLSC, against the allegation of injustice by Ayers-Caesar, seemed to PC as artificial and without principle.

Now, a brief additional word why the circumstances surrounding the existence of the famous government 18-18, in my opinion, do not apply in the current circumstances of the dissolution of the Parliament within 24 hours of the appointment of a new Prime Minister and before a new Minister of Finance could take an additional oath of allegiance to Parliament.

The Minister of Finance Vishnu Dhanpaul.

This additional oath is required by article 57 of the Constitution. Without taking it, the new Minister of Finance cannot participate in the procedures in Parliament.

This section expressly requires the oath to be ready in front of the room, but it expressly makes an exception by prescribing that the election of the presidents of the two chambers of the Parliament can take place before the members take the oath, as happened after the 18-18 impasse of December 2001.

This is no applicable exception when Parliament was not paralyzed by circumstances independent of its control. The new Prime Minister has chosen to dissolve it.

Prime Minister Stuart Young.Photo: OPM.

Was the additional oath subordinated at home to the electoral strategy?

It now does not matter that the new Minister of Finance, without taking an additional oath, cannot participate in the affairs of a parliament, which has already been dissolved.

Is this, however, the only consequence in this unique situation?

Martin G Daly SC is an eminent lawyer. He is a former independent senator and former president of the Trinidad and Tobago Law Association. He is president of the Pat Bishop Foundation and Steelpan music passionate.

What Are The Main Benefits Of Comparing Car Insurance Quotes Online

LOS ANGELES, CA / ACCESSWIRE / June 24, 2020, / Compare-autoinsurance.Org has launched a new blog post that presents the main benefits of comparing multiple car insurance quotes. For more info and free online quotes, please visit https://compare-autoinsurance.Org/the-advantages-of-comparing-prices-with-car-insurance-quotes-online/ The modern society has numerous technological advantages. One important advantage is the speed at which information is sent and received. With the help of the internet, the shopping habits of many persons have drastically changed. The car insurance industry hasn't remained untouched by these changes. On the internet, drivers can compare insurance prices and find out which sellers have the best offers. View photos The advantages of comparing online car insurance quotes are the following: Online quotes can be obtained from anywhere and at any time. Unlike physical insurance agencies, websites don't have a specific schedule and they are available at any time. Drivers that have busy working schedules, can compare quotes from anywhere and at any time, even at midnight. Multiple choices. Almost all insurance providers, no matter if they are well-known brands or just local insurers, have an online presence. Online quotes will allow policyholders the chance to discover multiple insurance companies and check their prices. Drivers are no longer required to get quotes from just a few known insurance companies. Also, local and regional insurers can provide lower insurance rates for the same services. Accurate insurance estimates. Online quotes can only be accurate if the customers provide accurate and real info about their car models and driving history. Lying about past driving incidents can make the price estimates to be lower, but when dealing with an insurance company lying to them is useless. Usually, insurance companies will do research about a potential customer before granting him coverage. Online quotes can be sorted easily. Although drivers are recommended to not choose a policy just based on its price, drivers can easily sort quotes by insurance price. Using brokerage websites will allow drivers to get quotes from multiple insurers, thus making the comparison faster and easier. For additional info, money-saving tips, and free car insurance quotes, visit https://compare-autoinsurance.Org/ Compare-autoinsurance.Org is an online provider of life, home, health, and auto insurance quotes. This website is unique because it does not simply stick to one kind of insurance provider, but brings the clients the best deals from many different online insurance carriers. In this way, clients have access to offers from multiple carriers all in one place: this website. On this site, customers have access to quotes for insurance plans from various agencies, such as local or nationwide agencies, brand names insurance companies, etc. "Online quotes can easily help drivers obtain better car insurance deals. All they have to do is to complete an online form with accurate and real info, then compare prices", said Russell Rabichev, Marketing Director of Internet Marketing Company. CONTACT: Company Name: Internet Marketing CompanyPerson for contact Name: Gurgu CPhone Number: (818) 359-3898Email: cgurgu@internetmarketingcompany.BizWebsite: https://compare-autoinsurance.Org/ SOURCE: Compare-autoinsurance.Org View source version on accesswire.Com:https://www.Accesswire.Com/595055/What-Are-The-Main-Benefits-Of-Comparing-Car-Insurance-Quotes-Online View photos