The Law Association has filed its lawsuit against Prime Minister Dr Keith Rowley over his decision to reject its investigation into misconduct allegations levelled against embattled Chief Justice Ivor Archie.
The association’s legal team filed its judicial review application in the High Court Registry at the Hall of Justice in Port-of-Spain, yesterday afternoon.
Guardian Media understands that the case was randomly assigned to Justice Vasheist Kokaram but a date for the hearing of the application for leave to pursue the case was not immediately set.
Based on the usual timeline for processing such cases, it is likely to come up for hearing, next week.
It is unlikely that the association would be denied leave as the threshold for doing so is low, with Kokaram having to decide whether it had presented a valid claim with a reasonable prospect of success.
In the lawsuit, the association is seeking a series of declarations over Rowley’s handling of the report, which recommended that he exercise his discretion under Section 137 of the Constitution to advise the President to investigate the allegations by commencing impeachment proceedings against Archie.
The declarations include that Rowley’s decision was illegal, irrational, unreasonable and was made in bad faith.
The association is also claiming that Rowley’s decision was not made in the performance of his constitutional functions in the public interest and that he took into account irrelevant considerations.