Chief Justice Ivor Archie, through an attorney, has written to Commissioner of Police Dwayne Gibbs requesting confirmation as to whether he has been the subject of spying by the Strategic Intelligence Agency (SIA). The letter, which is reported to have caused shock waves in the police service, was passed on to the Guardian by a senior officer. Attorney Gregory Delzin, in the letter to Gibbs dated 15 November, 2010, said, "I act for the Honourable Chief Justice Ivor Archie." Delzin recalled the revelation by Prime Minister Kamla Persad-Bissessar of wire-tapping and interception of telephone calls and e-mail correspondence of private citizens and those in public office by the SIA under the authority of the Office of the Prime Minister (over the past five years) and/or the national security minister.
"Among those persons whose names were published was the former chief justice, Sat Sharma, and his wife and son. "I am sure that you will certainly appreciate the concerns of my client, that the surreptitious monitoring of the conversations and correspondence of a sitting chief justice is a matter of grave concern, given the confidential nature of the office and the individual expectation of respect for the office holder's privacy, especially where there had also developed contention between the office of chief justice and the previous prime minister during my client's tenure." Delzin further informed Gibbs, "The purported acts of the SIA had the potential of compromising the confidential and delicate communications of the chief justice in the execution of his duties concerning the administration of justice.
"Indeed, without more, such acts had the potential to undermine the public perception of an independent judiciary and confidence in its impartiality." Delzin added, "Accordingly, my client has instructed me to request from your office written confirmation as to whether he been the subject of wire-tapping, interception of e-mails and/or monitoring by the SIA at any time. If so, whether there exist any data, records, and/or reports of the said activities." Delzin told Gibbs he would be grateful if he responds within one week. Contacted for comment last night, Delzin declined to throw further light on the letter or even to confirm its existence, citing the need for attorney-client confidentiality.