A report in the Trinidad Express says a British member of the Caribbean Court of Justice (CCJ) is in big trouble for comments he made in a weekend interview. Justice David Hayton said in the interview that the pace of justice in Trinidad and Tobago is too slow and was critical of the criminal investigation process.
But what might have put him in hot waters is his suggestion that the prime minister of Trinidad and Tobago already has too much power and therefore there is no need for an executive presidency.
"His power of veto over the appointment of the DPP, the Commissioner of Police, the Solicitor-General and the Chief Parliamentary Draftsman basically allows him to turn down all proposed candidates until he gets the person he considers the right sort of person for the job", Justice Hayton said in the interview with the Sunday Express.
"It seems to me, already, under the Constitution, the Prime Minister has perhaps too much influence, so I don't see the need quite so much for an executive presidency," he added.
He also suggested that the current stature that Patrick Manning holds within his own party gives the leader too much power since he alone can veto who can run in an election.
"So people who had very distinguished records, like Ken Valley, despite the support of their constituency, were vetoed as a member...And that means the leader of the PNM has much more power than the parties in England. You don't have such power vested in the leader," Hayton said.
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On Tuesday, CCJ President Michael de la Bastide placed an ad in the Daily Express reprimanding Hayton for "inappropriate and improper" public statements on "political and constitutional issues".
The Express said that same day De la Bastide met with Attorney General John Jeremie to discuss the matter and both men agreed that Justice Hayton's comments had serious consequences for the CCJ.
Jeremie told the paper Hayton's interview had caused great displeasure and suggested that the law professor "stepped beyond the boundaries of ordinary judicial criticism and in a forum which is not appropriate."
He added, "I know that as we speak that efforts are being made to find a resolution to that issue and I would prefer to say no more on that for the time being."
The Express said it sources have said Hayton would likely be told to resign and if he refuses his statements would be enough grounds to begin proceedings to remove him.
De la Bastide hinted at that in his advertisement when he stated that Justice Hayton broke a long-standing rule that "judges should not comment on political and constitutional matters, except in judgments."
The ad also said the CCJ places great importance in "maintaining a cordial relationship with both the Government and the Opposition in Trinidad and Tobago."
Opposition Leader Basdeo Panday has agreed with most of what Hayton said in his interview. Commenting on the matter on Monday, Panday said Hayton "hit the nail on the head" when he spoke of the power vested in the prime minister.
He also agreed with his comments on the slow pace of justice, noting that from 2006 to 2007 there were almost half a million cases before the magistrates courts (478,433) and said these are the figures that were consistent in preceding years.
Panday also agreed that he would not support the CCJ as the final court of appeal over the Privy Council. Hayton suggested in his interview that the change would not happen in the present political climate so long as Panday remains leader of the opposition.
Related: Opposition says CCJ is waste of money
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