FORMER chief magistrate Marcia Ayers-Caesar has won her protracted battle against the Judicial and Legal Service Commission (JLSC) headed by Chief Justice Ivor Archie.
The Privy Council ruled in her favour on Monday, concluding that she was unduly pressured into resigning from her position as a High Court judge in 2017.
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The ruling found that Archie exceeded his authority when he allegedly communicated a fabricated decision from the JLSC, which threatened disciplinary action if Ayers-Caesar did not resign.
This pressure led her to submit a resignation letter that the court has now deemed null and void, effectively reinstating her status as a High Court judge since her appointment on April 12, 2017.
While Ayers-Caesar has not served as a judge since April 27, 2017, the court’s decision entitles her to back pay and benefits accrued during this period, along with compensation for violations of her constitutional rights.
Lord Reed, who authored the judgment, described the circumstances surrounding her resignation as “effectively the equivalent of impeachment proceedings,” which could have severely harmed her professional and personal reputation.
The law lords noted that Ayers-Caesar was never given a fair chance to address the allegations against her, having been informed of the disciplinary considerations only at the last moment.
The court higlighted the necessity for the JLSC to follow fair procedures, including notifying Ayers-Caesar of any allegations and allowing her to respond before any disciplinary actions were initiated.
The fallout from this case extended beyond Ayers-Caesar, as the judicial community witnessed turmoil when the JLSC’s directive to restart 53 unfinished cases sparked unrest at the Port of Spain Magistrates’ Court, highlighting the broader implications of this legal saga.
Ayers-Caesar’s legal team, which included prominent figures such as King’s Counsel Peter Knox and Ramesh Lawrence Maharaj, celebrated the ruling as a reaffirmation of judicial rights and protections. Meanwhile, the JLSC, represented by Ian Benjamin, SC, and others, was left to grapple with the implications of the Privy Council’s findings.
As Ayers-Caesar prepares for the next steps, including the determination of her compensation, this landmark case underscores the importance of due process and accountability within the judicial system.
King’s Counsel Peter Knox, Ramesh Lawrence Maharaj, SC, Ronnie Bissessar, SC, Robert Strang and Varin Gopaul-Gosine appeared for Ayers-Caesar while the JLSC was represented by Ian Benjamin, SC, Ian Roach and Tamara Toolsie.
