The war of words between Minister of Justice Herbert Volney and Chief Justice Ivor Archie is unfortunate, tragic even, as it comes at a time when both men should be focusing all of their energies on improving the administration of justice.
Instead of collaborating to improve the speed and quality of the country's civil and criminal trials, these exemplars of our legal system have opted to become embroiled in a puerile squabble about super-grade housing and whether the previous Attorney General had too much influence on the judiciary. It is doubtful that many members of the public will ever know what ill breeze possessed Minister Volney, a former High Court judge, to use his speaking time in last week's budget debate in the House of Representatives to launch a completely unwarranted, and personal, attack on the Chief Justice.
Mr Volney's questioning of the fact that Chief Justice Archie chose to occupy a state-owned mansion in Goodwood Park, which there is no doubt that he is entitled to, would have been widely perceived as being the jealous ranting of a judicial officer who had been bypassed for promotion on several occasions. Given the fact that the Salaries Review Commission gives judges the right to chose a residence provided by the State or a housing allowance, Mr Volney did himself no favours by descending into the gayelle to speak about a former Attorney General undermining the independence of the judiciary and about a "sweetheart deal."
The breath of a babe in arms would have been enough to demolish Mr Volney's arguments. The fact that the Chief Justice opted to summon a hurricane to batter Mr Volney into submission when a baby's breath would have been as, if not more, effective is to be regretted. In the Chief Justice's statement, there were references to Mr Volney's "mischief," to his "brashness and reprehensible conduct" as well as his "scandalous vituperation" and there was a warning to Mr Volney "that his looseness with respect to the judiciary will not remain unchallenged, and that every avenue will be pursued to ensure remedy for any sullying of the character of the Honourable the Chief Justice or any other member of the court."
It must have been a sad day when the Chief Justice–so highly regarded for his sober and reasonable tone and his calm intelligence–was put in a position where he felt, even after a period of reflection, that he had to issue a caution that he would pursue "every avenue" to protect his reputation. That it came to this may have been as a result of the Speaker allowing the MP for St Joseph a little too much latitude on his maiden contribution to the current Parliament. Even though he is new to the job, House Speaker Wade Mark is an old hand at parliamentary practice–having served in the Senate for years. Mr Mark should have stepped in to stop Mr Volney as soon as it became clear that he was referring to a member of the judiciary–and in the context, the reference to "the one in the exalted office" was quite explicit. Parliament's Standing Orders, in effect the rules of procedure for the Lower House, make it clear that while Members of Parliament receive protection for the words they utter within the institution, they are not given untrammelled freedom.
MPs are restricted from commenting on pending judicial decisions and they are not allowed to impute improper motives of any other Member. And MPs are also forbidden from questioning the conduct of judges or other people engaged in the administration of justice "except upon a substantive motion moved for the purpose; and in any amendment, question to a minister, or debate on a motion dealing with any other subject any reference to the conduct of any such person as aforesaid shall be out of order."
In terms of a way forward, given the extent of his calumny, it is clear that for Mr Volney to continue as a minister he will have to issue an apology that is acceptable to the Chief Justice, who holds the third highest office in the country. There is a clear sense that bringing the Chief Justice into the cut and thrust of the hothouse of local political picong exceeded even T&T's notably lax sense of propriety.