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On Wednesday’s news, we took you to the Supreme Court for the lawsuit that the Bar Association filed against Chief Justice Kenneth Benjamin and the other members of the Judicial and Legal Services Commission.

DPP Cheryl-Lynn Vidal is the sitting President of the Bar Association, but for 2 years now, the Chief Justice, as the Chair, has refused to allow her to take her seat at the Commission’s meetings. He interprets the Constitution to mean that since she is a public officer, she is disqualified from taking the seat. 

The Bar disagrees, and their attorney has presented detailed legal arguments to Justice Michelle Arana as to why the refusal to allow the DPP to sit in the meetings is unconstitutional.

During the hearing, Crown Counsel Brianna Williams, from the Attorney General’s Ministry, presented the arguments of defendants, and as non-lawyers listening to the case, we thought that all was in order. Well, Senior Counsel Eamon Courtenay has raised a concern that the Attorney General’s Ministry has acted as the Chief Justice’s lawyer, as well as the attorney for the other members of the Commission.

He says that it is inappropriate that the Chief Justice, who is supposed to be independent of the influence of the Central Government, has been represented in this case by the AG’s Ministry. This evening, he shared further details of his concern with us, via telephone, and here’s how he explained why the Chief Justice and the Commission should have had their own attorneys:

This evening, we contacted AG Michael Peyrefitte for comment on Courtenay's position on this matter, but he says he doe snot comment on matters before the court.  

We’ve also heard a concern about the fact that Crown Counsel Brianna Williams, who is the daughter of the sitting judge, Justice Marilyn Williams, was the crown counsel who was chosen to present the defendant’s case.