By Prior Beharry

PRESIDENT Christine Kangaloo wanted Justice of Appeal Prakash Moosai to act as Chief Justice.

Appellate judge Ronnie Boodoosingh, was sworn in on Wednesday to that post.

This was revealed in a letter Opposition Leader Pennelope Beckles sent to acting President Wade Mark on Wednesday when he appointed Boodoosingh to the third-highest office of the land. She called for Mark to hold on appointing a substantial chief justice and allow Moosai to act if he was willing to do so.

In her letter to Mark, Beckles said that she received correspondence from Kangaloo on October 14, 2025 “inviting my non objection pursuant to Section 103 of the Constitution for the Honourable Mr Justice Prakash Moosai JA, the senior appellate Judge to act as Chief Justice on the recommendation of the Chief Justice, in the period of the scheduled absence of the Chief Justice from the country in the period 5th November 2025 to 10th November 2025.  By letter dated 15th October 2025 I provided Her Excellency with my non objection.”

Archie, 65, had signalled his intention to retire before attaining the age of 70, during his address at the opening of the Law Term, on September 16, 2025.

Mark was sworn in as acting president on Saturday by Archie who on Tuesday said “the time had arrived.” He said he was retiring on Wednesday.

A release from President House citing Section 102 of the Constitution stated that Mark would swear in the news CJ at 2 pm on Wednesday.

Section 102 of the Constitution states, “The Chief Justice shall be appointed by the President after consultation with the Prime Minister and the Leader of the Opposition.”

In her correspondence, Beckles said she received a letter from Mark  at 6.30 pm on Tuesday when she was in the Standing Finance Committee at Parliament. This letter stated that after receiving legal advice, Mark was satisfied that he could make the appointment of chief justice from one of the judges of the Court of Appeal.

Mark may have inadvertently referred to Beckles as the prime minister.

Beckles wrote, “Quite remarkably you stated that ‘[i]n accordance with the provisions of Section 103 of the Constitution of the Republic of Trinidad and Tobago [you] wish to enquire whether the Honourable Prime Minister has any recommendation to make in this regard.’”

She said she received a second letter from Mark on Wednesday captioned Section 102 of the Constitution and noting that Archie said he was resigning effective 2 pm on that day.

Beckles said Mark sought her views in accordance with Section 103 of the Constitution on the appointment of a justice of appeal to the office of chief justice.

She said that Mark letters both sought the mandatory consultation of the president with the prime minister and leader of the opposition and noted that Section 102 dealt with the substantive appointment of the Chief Justice and Section 103 dealt with an acting appointment in that position.

The opposition leader said, “The Office of the Leader of the Opposition established under Section 83 of the Constitution of the Republic of Trinidad and Tobago participates in the appointment of a few very critically important offices which run to the root of our constitutional democracy including the Ombudsman, the Auditor General, members of the Advisor Committee on Pardons, members of the Judicial and Legal Services Commission, members of the Public Service Commission, members of the Police Service Commission, members of the Teaching Service Commission, members of the Salaries Review Commission members of the Public Service Appeal Board Chairman of the Public Accounts Committee.

“The appointment of Chief Justice after mandatory consultation anchors the bedrock of constitutional balance and protection in our democracy. The Judiciary is the vanguard of the rule of law and the office of the Chief Justice stands paramount in our system of law.  For me as the present holder of the office of the Leader of the Opposition I consider the consultation required of me to be one of the most critical tasks that I have and will be called upon to carry out.”

Beckles told Mark that both of his letters were deficient in a number of issues including a list of Court of Appeal judges and their resumes, the seniority of these judges and she was not given reasonable time to discharge her constitutional duties in the appointment of a chief justice.

She said she was left with only one hour to consider a chief justice.

Beckles said, “In all of the circumstances I respectfully hereby call upon you to abandon any appointment of a substantive Chief Justice pursuant to Section 102 of the Constitution of the Republic of Trinidad and Tobago at this time and instead to revert to the appointment of an acting Chief Justice pursuant to Section 103 of the Constitution of the Republic of Trinidad and Tobago, perhaps in the person of the Honourable Mr Justice Prakash Moosai JA, the senior appellate Judge if he is available and so willing.”