THERE are grounds for judicial review of the decision of the Prime Minister not to invoke impeachment proceedings against Chief Justice Ivor Archie.
But any “claim” — to demand redress or compel the Prime Minister to take a course of action — “would have its difficulties”, attorneys Christopher Hamel-Smith SC, Rishi Dass and British attorney Rowan Pennington-Benton stated.
Their advice to the Law Association of Trinidad and Tobago (LATT) dated September 25 said: “It should be said at the outset, that success in a judicial review claim challenging a decision such as that taken by the PM will always be difficult. The decision is fact- sensitive and essentially one of judgment. The Constitution determines who it is that should be entrusted with deciding whether to trigger the Section 137 process. That person is the Prime Minister. Mere disagreement with the merits of the PM’s decision or his judgment will be insufficient.”