The Appeal Court has dismissed an appeal brought by former president Anthony Carmona in relation to former judge Marcia Ayers-Caesar, who is seeking to have her letter of resignation as a judge declared null and void.
Justice Harris had granted permission for Ayers-Caesar tp file an application for judicial review against the Judicial and Legal Services Commission (JLSC) and President Carmona and although the JLSC did not appeal that decision, President Carmona did via the Attorney General.
Today, by a majority vote, the Court of Appeal dismissed the appeal filed by the former president.
The Appeal Court judges were acting Chief Justice Allan Mendonca and Justices of Appeal Peter Jamadar and Nolan Bereaux.
Both Mendonca and Jamadar voted to dismissed the appeal while Bereaux gave a dissenting judgement.
Ayers-Caesar, who is represented by Senior Counsel Ramesh Lawrence-Maharaj, argued that on April 27th, 2017, she met with the Chief Justice at the Hall of Justice, who informed her that the JLSC had met in an emergency meeting and decided that she should return to the Magistracy in order to complete her part-heard matters, or that the JLSC would write to the president advising that he revoke her appointment as a judge.
She argued that she was given a prepared letter by the Chief Justice which she was asked to sign and deliver to the president.
In her application for judicial review, Ayers-Caesar argued that her letter of resignation was null and void and of no effect.
In a letter dated May 19th, 2017 to the president, she set out the circumstances under which her resignation was brought about, insisting that they were by unconstitutional means, threats, duress, and coercion, which caused her to sign the prepared letter of resignation and hand it to the president.
She contended that she has an arguable case that the president failed to exercise his power, jurisdiction, and duty to reconsider accepting her letter of resignation and to have her reinstated as a judge.
Lawyers representing President Carmona argued that the president did not have the power or jurisdication to reconsider his acceptance of the letter of resignation and he did not have the power to reinstate her.