PORT OF SPAIN, Trinidad, Dec 12, CMC – Prime Minister Dr. Keith Rowley Wednesday said he would not be rushed into making any decision regarding the future of the embattled Chief Justice Ivor Archie after the Law Association of Trinidad and Tobago (LATT) Tuesday night agreed to send him a report of alleged misconduct that could possibly begin the process of having him removed from office.

“Decency would have dictated that this question be a little delayed. The vote of the Law Association occurred last night and I am now being asked what decision I intend to take. I have no matter in front of me at this time and therefore I have nothing to report on,’ Rowley told Parliament after an opposition legislator, Dr. Roodal Moonilal had questioned him on the issue.

Moonilal had asked Prime Minister Rowley to “indicate his course of action in relation to the request by the Law Association to consider triggering Section 137 of the Constitution” that begins the process of impeaching Archie. But while he acknowledged that the issue is a “ a serious constitutional matter” Prime Minister Rowley insisted that he was not prepared to make any pronouncement on the issue based on the information in the public domain as he has no intention of running the business of the country in that manner.

LATT president Senior Counsel Douglas Mendes emerged from the closed door meeting to tell reporters that the membership had agreed by a margin of 150 to 32 to send the report and would ask Prime Minister Rowley to use the findings of the report to consider whether Section 137 of the Constitution can be triggered to establish a tribunal to investigate the allegations against Archie.

“The report will be sent to the Prime Minister with great alacrity,” Mendes said, telling reporters he had no idea whether it would be sent in time for Thursday’s Cabinet meeting. “I don’t know. We’ll do our best to get it off to him as soon as possible,” Mendes said, adding that he had no personal views about the vote. He told reporters that Archie would be made aware of the vote, adding “as a matter of fact, his lawyers were present during the proceedings.”

Under Section 137 (3) of the Constitution, Rowley has the power to advise President Paula-Mae Weekes to appoint a tribunal to investigate the allegations against Archie. The President can refer the question of whether a judge should be removed from office to the Judicial Committee. Earlier this year, Archie, lost his case at the Privy Council in which he had sought to stop the LATT from inquiring into the allegations made against him. The Chief Justice has maintained that there was apparent bias, bad faith and procedural unfairness in the LATT’s investigation but in its 16-page judgement, the London-based Privy Council, the country’s highest court, agreed with the Court of Appeal that the LATT’s investigation cannot be equated with a judicial or quasi-judicial determination of legal rights and liabilities to which the conventional rules of natural justice apply.

“Nor was it necessary for the Board to consider the more difficult question of the extent to which public bodies are required to be impartial in carrying out their statutory functions,” the judgement read. The LATT had asked former Grenada attorney general Dr. Francis Alexis and Belizean Senior Counsel Eamon Courtenay to advice on whether there was sufficient grounds to petition Prime Minister Dr. Keith Rowley to invoke the relevant constitutional requirement that could lead to the embattled Chief Justice being removed from office.

Media reports had linked Archie to discussing security arrangements for judges with a personal friend and late last year, the friend, Dillian Johnson, told police that he had information on individuals who want to kill him. Archie was also accused of attempting to fast-track Housing Development Corporation (HDC) applications for various people. He has only responded to the allegations once and denied discussing judges’ security, but admitted to recommending people for HDC housing.