CJ concerned about independence of the Judiciary in T&T

On a day when the Manning administration passed its national budget Trinidad and Tobago's Chief Justice Ivor Archie expressed concerns about the independence of the Judiciary and the lack of funds for its operation.

Speaking at the ceremonial opening of the Law term Archie said, "Power, pomp, status and flashing lights hold no allure for me and the burdens of office are onerous."

He said there is a misunderstanding over the Independence of the Judiciary because of "a false dichotomy between the Judiciary's judicial and administrative functions, and the assumption that one can be independently exercised without the other."

He spoke of the "most worrisome clause" of the draft constitution, which gives Parliament the power to confer on any court any part of the jurisdiction and powers conferred on the High Court by the Constitution or any other law.

Archie noted that "the danger of judicial independence lies in the potential to gradually and systematically strip the Judiciary of its independence, and the citizens of their protection through ordinary or subordinate legislation requiring no special majority."

Commenting on how constitutional change can affect the independence of the Judiciary Archie said, "How, pray tell, can a Constitution meaningfully provide for the Judiciary to be independent only in the exercise of its judicial functions?"

His addressed the musings of Prime Minister Patrick Manning about a minister of justice in the new constitution, who would deal with the administration of the justice system. "How is the Chief Justice to be responsible, and therefore accountable, for that which he does not control?"

He said the most important power of the Supreme Court is its separation of powers, adding that such separation is "the only protection that citizens have against arbitrary or unlawful state action".

Archie also complained about the $50 million the budget allocated for development and planning in the budget, which is only a fraction of what he requested to deal with administrative and other obligations within the system.

He said the shortfall means certain critical decisions relating to cost effectiveness of the Judiciary would have to be made. He said it's possible that there may be "no Family Court roll out" this year and that the Judiciary may not be able to refurbish facilities such as Magistrates Courts with the meager allocation.

The Judiciary had requested $393 million for its development plans to undertake and complete these works.

Responding to the concerns raised by Archie, Chaguanas MP Jack Warner described the underfunding as an act of injustice and unfairness to the people of Trinidad and Tobago.

"It is an injustice, possibly a crime in itself, to treat the Judiciary in this way. Crime is one of the most critical problems facing our citizens today. There is a significant backlog of cases in the courts. Instead of news that the court services would be expanded, this government has reduced funding to the Judiciary which would no doubt cripple the effectiveness and delivery of justice.

"A Government which suspends funds to its Judiciary cannot be serious about crime and justice. This is perhaps the greatest injustice to a people who cry daily for an effective Court system," the MP said in a media release.

Warner noted that, "the Government would instead extend $116 million for buildings for the Foreign Service which has a handful of staff and serves a few thousand people at most, but the Judiciary of Trinidad and Tobago which serves the whole country of 1.3 million people cannot even get one-third of that!"

He added that the Government is also contributing to a waste of the Judiciary’s time and resources.

"The government is creating unnecessary work for the Judiciary and not giving it the resources required. It says to me that this government does not support justice and the administration of justice in this country."

Warner called on the Chief Justice and the Law Association to continue its critique of the "Manning Constitution", which he said is geared to undermining the independence of the Judiciary.