Former chief magistrate Marcia Ayers-Caesar has won round one in her legal battle against the Judicial and Legal Services Commission (JLSC) and the President.
Justice David Harris yesterday granted leave to Ayers-Caesar, via email from Tobago, to file for judicial review against the JLSC and the Attorney General, who is representing the President, over decisions regarding her “purported” resignation as a judge.
Her attorney, Ramesh Lawrence Maharaj SC, yesterday said the judge gave directions for the claim and affidavits to be filed. A case management conference has also been set for October 12 at the San Fernando High Court.
In a release, Maharaj said Ayers-Caesar is claiming the JLSC acted unlawfully in seeking her resignation as a judge, that it unlawfully procured her resignation and it acted unlawfully in treating as effective her consequent purported resignation. Ayers-Caesar is also contending that the President’s continued refusal to set aside her resignation and reinstate her as a judge is unlawful.
The controversy stemmed from Ayers-Caesar’s resignation from the magistracy in April to take up an appointment as a judge. Her appointment, however, caused an uproar in the legal profession and by prisoners because she left over 53 outstanding matters at the magistrates’ court.
Ayers-Caesar is claiming she was pressured by the JLSC to resign, in that she was told to either sign an already prepared resignation letter or her appointment would be revoked by the President. She is asking the court to, among other things, to quash JLSC’s impugned decisions and recommend to the President that she be reinstated as a High Court Judge. Ayers-Caesar is also asking the court to quash the decision of the President not to set reinstate her and is seeking damages from the JLSC for misfeasance in public office. From the JLSC and the AG, she is seeking damages for breach of her constitutional rights, including compensation for loss of office and the benefits that go with it (if she is not reinstated).
Maharaj and Ronnie Bissessar, instructed by Vijaya Maharaj, are representing Ayers-Caesar, while the JLSC is represented by attorneys Russell Martineau SC, Debra Peake SC and Ian Roach instructed by Ian Benjamin, while the AG is represented by attorneys Reginald Armour SC and Ravi Nanga instructed by Ravi Hefess Doon.