A United National Congress (UNC) member has resurrected the three-year-old election petition and is now seeking to sue Chief Justice Ivor Archie for his role in the determination which cost him the seat back in 2015.
In a pre-action protocol letter yesterday, UNC senator and attorney Gerald Ramdeen represented Dr Shevanand Gopeesingh, who was the UNC candidate for San Fernando West and went up against Attorney General Faris Al-Rawi.
Chief Justice Ivor Archie said he has been the subject of "false and unsubstantiated allegations" but had exercised restraint in the face of suggestions that he had been guilty of misconduct in office.
In his address at the opening of the Law Term at the Hall of Justice in Port-of-Spain, Archie commented on his legal battle with the Law Association of T&T after the group sought to investigate the allegations.
Chief Justice Ivor Archie is taking heart in today's ruling of the Privy Council, given that within the ruling, the Law Lords stated that the Law Association is in no position to make findings of fact that ware in any way binding upon the Chief Justice.
Archie issued the following statement on Thursday.
Chief Justice Ivor Archie has lost his case at the Privy Council, in which he had sought to stop the Law Association from inquiring into the allegations against him.
The Chief Justice had maintained that there was apparent bias, bad faith and procedural unfairness in the Law Association's investigation but failed to get the Court of Appeal to stop the Law Association from proceeding.
The following is the ruling of the Privy Council.
There will be no decision in the case brought against the Law Association by the Chief Justice today.
This as the Privy Council stated a short while ago that it will reserve its decision to a later date.
In the matter the CJ’s attorney have asked the Law Lords to assess
1> Whether section 137 of the Constitution provides the sole basis for investigating the conduct of the Chief Justice and removing him from office;
The Appeal Court has ruled in favour of the Law Association's appeal against a judge's decision to shut down its investigation into allegations of misconduct against Chief Justice Ivor Archie.
The ruling was handed down unanimously by acting Chief Justice Allan Mendonca and Justices of Appeal Peter Jamadar and Nolan Bereaux in the Appeal Court today.
The Appeal Court judges also dismissed Archie's judicial review application.
Embattled Chief Justice Ivor Archie has gone on vacation leave until the end of next month.
An email sent by his administrative secretary Shabiki Cazabon to Judges and Masters of the T&T Supreme Court yesterday, a copy of which was obtained by the T&T Guardian, advised that Archie would be out of the jurisdiction from May 19 to June 30 to continue his vacation leave, which was cut short due to his mother’s death earlier this month.
Chief Justice Ivor Archie has left the country on vacation until May 9th.
The confirmation came via a statement by the Judiciary.
The statement says: "The Hounourable Mr Justice Allan Mendonca J.A. will perform the functions of Chief Justice in the absence of The Honourable the Chief Justice Mr Justice Ivor Archie who is out of the country on vacation leave from Tuesday 20th March 2018 to Wednesday 9th May 2018."
The CJ had indicated that he would proceed on vacation leave after standing down his request for a controversial sabbatical leave.