Volney faces censure from former AG, Law Association and Opposition leader

The pressure has been building since last week for Justice Minister Herbert Volney to apologise for remarks he made about Chief Justice Ivor Archie.

The offending remarks came during the budget debate. Volney suggested that there was a "Sweetheart deal" with the former PNM administration through which Archie got a mansion in the posh Goodwood Park residential neighbourhood.

On Sunday Prime Minister Kamla Persad-Bissessar issued an official statement distancing herself and her government from Volney's comments, which she called "unfortunate".

Opposition Leader Dr Keith Rowley was among several people who issued statements Monday censuring the former judge.

Rowley pointed out that the Constitution of Trinidad and Tobago recognises the separation of powers and the Standing Orders of Parliament forbid any Member of Parliament from calling into question the conduct of any member of the Judiciary, without placing a motion specific to that purpose.

"It is wholly unacceptable for the MP for St Joseph, Mr Herbert Volney, to use the parliamentary floor and the cover of parliamentary privilege to slander the Hon Chief Justice under thinly veiled allegations which are completely without foundation and substance," Rowley stated.

"It is clear that Mr Volney has brought into the Parliament his record of disgraceful conduct which marked his tenure on the Bench. It is now a requirement that the Judiciary presents to the Speaker written response of the facts surrounding the allegations made against the Hon Chief Justice by Mr Volney, a Member of the House.

"Having permitted Mr Volney the opportunity to attempt to cast aspersions on the conduct of the Hon Chief Justice, the Speaker is duty bound to read into the record of Hansard the truth surrounding the issue or issues raised by Mr Volney.

"Additionally, if the decency of the House is to be preserved in the face of the vulgar attack on the Hon Chief Justice and the Judiciary, the Speaker must call on Mr Volney to stand in his place and offer an apology from the Parliament floor. Nothing else will suffice at this stage.

"Failure to act along the lines of these recommendations will result in the Opposition filing a motion to have Mr Volney dragged before the Privileges Committee of the House of Representatives," the statement added.

Former Attorney John Jeremie also added his condemnation and denied "in categoric terms" the allegations made by Volney.

He stated that he did not in any way facilitate a decision of the Cabinet "to provide supergrade housing for the Honourable Chief Justice as some sort of quid pro quo for the Chief Justice to do my bidding."

He added that the matter of housing "is the remit of the Ministry of Public Administration acting through the Cabinet of Trinidad and Tobago".

Jeremie also noted he was not a member of cabinet in 2008 when Archie was appointed Chief Justice.

"While I would have considered it to be the duty of the Attorney General to assist the Judiciary in any way that was lawful the fact remains that at no time during my tenure as Attorney General did the Chief Justice request or receive any assistance with respect to his entitlements...in this matter from the offices of the Attorney General," he said.

"This unseemly attack on the Honourable Chief Justice under the cloak of parliamentary privilege is not only unbecoming of a former judge...but constitutes a direct attack on the independence of the Judiciary", he said.

The Law Association also added its voice.

The Minister...ought to have known that the Chief Justice and other judges are entitled to be provided with a supergrade residence as part of the terms and conditions of their appointment. It was therefore misleading to suggest that the Chief Justice should be derided for residing where he does.

"The derogatory reference to "a sweetheart deal with the then attorney general" was, on its own, a terrible slur.

"It was compounded by the Minister's statement that "speaking to the one in exalted office was akin to speaking to the then attorney general". This was a frontal attack on the integrity of the Chief Justice and his independence.

"The association is of the view that there can be few graver attacks on a judge that to assert that he has compromised his independence," the Law Association said.

It added, "We have noted the Prime Minister's comments as reported in the media on the Minister's speech. The association therefore looks forward to an unqualified commitment from the Prime Minister and her Government to the full support of an independent Judiciary."