PRIME Minister Dr Keith Rowley is not going to refer Chief Justice Ivor Archie under Section 137 of the Constitution that deals with impeachment proceedings against the CJ.
In a letter to the Law Association, Rowley said, “I have considered, fully taken into account and observed the findings and statements of Mr Justice (Vashiest) Kokaram in his judgment. I, therefore, reconsider my decision on the HDC (Housing Development Corporation) issue with an open mind and without regard to any political or other motivation on the part of the LATT.”
He added, “After such consideration, I have decided not to make a representation to the President under s137 of the Constitution. I adopt those reasons for my said reconsidered decision and do not set them out here.
“In the judgment, it was held that the LATT’s challenge to my decision was dismissed insofar as it was based on the grounds of rationality/reasonableness, the decision not having been made in the performance of my constitutional functions in the public interest, bad faith and failure to take into account relevant considerations.”
Rowley said, “The application for judicial review on the ground that I considered the irrelevant consideration of the political motivation of the LATT in arriving at my decision was quashed with reference to that ground and remitted to me for my reconsideration with an open mind and without regard to the political motivation of the LATT.”
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