The government of Trinidad and Tobago has engaged its public relations machinery in an attempt to repair the damage from the barrage of criticism it has faced since Chief Justice Ivor Archie expressed deep concerns over the future independence of the Judiciary.
Archie spoke about the matter on Wednesday at the opening of the new law term, suggesting that a proposed justice ministry in the draft new constitution would be a threat since it would be a political appointment. In the present constitution the Chief Justice is independent of political influence.
The government said the "working document" on constitution reform is not cast in stone, noting that it is willing to make adjustments in accordance with the wishes of the people.
It said the feedback from citizens so far is that the country needs a "more sophisticated justice system".
It also said it welcomes the comments of the Chief Justice, adding that they would receive "every consideration" in the consultations on constitution reform.
The government also said it looks forward to the Chief Justice taking up the "standing invitation" from the Government to meet with a team from the Executive, to discuss the general arrangements for the delivery of justice.
Despite all the talk of flexibility, the Government is holding on to the proposed justice ministry and rejects the Chief Justice's assertions that a political appointee would be a threat to judicial independence.
"In the course of his address last Wednesday, the Honourable Chief Justice spoke on the creation of a Ministry of Justice. The concept of a Ministry of Justice is not a novel idea. Ministries of Justice already exist in several Caribbean territories as well as the United Kingdom, from which country much of our judicial arrangements are inherited," the government said in an official statement.
"The working document ...in no way represents a draft Constitution, but a discussion document put out for public comment. Persons commenting on the document, including the Honourable Chief Justice, are therefore mistaken in referring to the document as a draft Constitution," the statement said.
The Government said the discussions on a draft constitution have continued, noting that there have been 10 earlier drafts, with adjustments and amendments made according to public opinion.
"The document originally proposed by Sir Ellis Clarke has undergone several permutations as the contributions of key stakeholders have been considered and embraced...the Honourable Prime Minister was at pains to say that this was a working document which required further discussion and a thorough examination at the national level," the government stated.
"Indeed, it was made clear that everything in the working document was up for discussion," it said.
The Government reaffirmed its commitment to the separation of powers and the independence of the Judiciary but at the same time it pointed out that a more "sophisticated justice system is now being demanded by a discerning public, aspiring to developed country status.
"This Government considers that responsible and transparent responses to these demands should lie at the heart of the arrangements that are put in place for the delivery of swift justice. Justice delayed is justice denied".
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