Law Association files lawsuit against PM

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.