The Law Association is calling on the Judicial and Legal Service Commission (JLSC) to act swiftly and decisively on misconduct allegations leveled against High Court Judge Carla Browne-Antoine.
In a press release issued yesterday afternoon, the association’s vice president Gerry Brooks acknowledged receipt of a complaint letter sent to the JLSC by acting senior State prosecutor Brent Winter, earlier this month.
While he admitted that the association did not have the jurisdiction to entertain the complaint or pronounce on Winter’s grievances, Brooks said: “It (the association) calls upon the JLSC, the duly appointed body in law, to act expeditiously and take any or all action deemed appropriate in the circumstances.”
As he stated that he was confident that the rule of law will be maintained throughout the ongoing process, Brooks said his organisation was willing to assist in the resolution of the matter.
According to the letter which was sent to JLSC chairman Chief Justice Ivor Archie, on December 8, Winter accused Brown-Antoine of being biased and acting unfairly by holding off-the-record meetings with State prosecutors during trials at the Port-of-Spain High Court.
The letter was copied to the association as well as to president of the Criminal Bar Association Pamela Elder, SC. Winter claimed the most recent meeting was held one month earlier, on November 6, shortly after she empanelled the 12-member jury in a murder trial before her. Brown-Antoine has since recused herself from the case for reasons unrelated to Winter’s allegations. Judicial sources said the JLSC is expected to appoint an independent investigator to probe the allegations before it decides on whether disciplinary charges should be brought against Brown-Antoine.
In the event that charges are proffered, Brown-Antoine will be asked to make representations before a JLSC tribunal before the commission makes its final determination. Brown-Antoine was appointed a High Court Judge in 2009, after an almost 20-year career with the Office of the Director of Public Prosecutions (DPP) which saw her serve as Deputy DPP and acting DPP.
Brown-Antoine was a key figure in the case against former Chief Justice Satnarine Sharma for attempting to pervert the course of justice.
The case never reached trial after then Chief Magistrate Sherman McNicholls, the State’s main witness against Sharma, refused to testify during commital proceedings in 2007. McNicholls’ actions left him facing two disciplinary charges from the JLSC, which were eventually dropped after he fell ill and retired.