Businessman Steve Ferguson is considering joining the State’s interpretation lawsuit over the short-lived judicial appointment of former chief magistrate Marcia Ayers-Caesar.
The T&T Guardian understands that Ferguson, who is still facing fraud charges out of the construction of the Piarco International Airport, is considering the move because Senior Magistrate Ejenny Espinet retired earlier this year with his preliminary inquiry before her incomplete. The ruling in Ayers-Caesar’s case is expected to set a legal precedent which could be followed in Ferguson’s.
Espinet, who had been presiding over the Piarco 11 inquiry for over a decade, deferred going on her unused vacation leave before retirement in a bid to complete the case but was unsuccessful. Though the date for her retirement could have been extended, there is no provision compelling her to do so.
The inquiry had been delayed on numerous occasions in the past as Ferguson and the other businessmen and former government officials before the inquiry, made several novel legal challenges over it.
Once Ferguson applies to enter the case as an interested party, High Court judge Carol Gobin will hear submissions on the issue and make a decision.
In its interpretation lawsuit, the Office of the Attorney General is seeking to determine Ayers-Caesar’s status of a magistrate when she took up a judicial appointment in April last year. She resigned after two weeks amid public furore over the 53 cases she left unfinished, when she accepted the position. The case is also seeking to determine if Ayers-Caesar could have been allowed to return to complete the cases or what measures could have been taken to resolve the issue.
Some of the accused persons directly affected have agreed to have their cases restarted by Ayers-Caesar’s successor Maria Busby-Earle-Caddle, and have since been completed. Others agreed to put their cases on hold until the issue is determined by Gobin.
In October last year, Ayers-Caesar applied to be removed from the lawsuit as she claimed it is in conflict with her wrongful dismissal lawsuit against the Judicial and Legal Service Commission (JLSC), who she accused of pressuring her to resign. That case was filed before the State’s and is also still pending.
On May 15, Gobin delivered an oral ruling dismissing the application, which she described as premature. She has since issued written reasons as Ayers-Caesar is challenging the decision in the Court of Appeal.
According to the reasons given, Gobin claimed that the State was entitled to bring it as it affected a large group of citizens.
“It is no exaggeration to say that the events which led to these proceedings caused grave concerns and trauma for a number of persons, including prisoners, families of accused persons as well as victims of serious crimes, who were more directly affected by them, but more generally one of confidence in the administration of justice,” Gobin said.
As a preliminary issue, Gobin ruled that both Ayers-Caesar and the JLSC gave insufficient reasons over her transition from a magistrate to a High Court judge.
“As obvious as it may seem that one cannot hold the office of magistrate and judge at the same time, it must be obligatory, that the JLSC should record as a formality, a mode of termination,” Gobin said.
The State is being represented by Gilbert Peterson, SC, Jason Mootoo and Rishi Dass. The JLSC is being represented by Deborah Peake, SC, and Ian Roach while Michael Quamina is representing Busby-Earle-Caddle. Ramesh Lawrence Maharaj, SC, and Ronnie Bissessar are representing Ayers-Caesar.
