President Christine Kangaloo has sought to remind citizens that her office does not select attorneys to be appointed as senior counsel.
In a short speech after conferring “silk” on 17 attorneys, including her husband Kerwyn Garcia and her brother Colin Kangaloo, during a ceremony at President’s House in Port-of-Spain yesterday afternoon, President Kangaloo sought to outline the procedure for appointments.
Under the procedure, the Attorney General first invites senior attorneys, who have distinguished themselves in the profession, to apply for the honour.
The Attorney General then consults with the Chief Justice and other stakeholders before discussing the applications with the Prime Minister, who advises the President on who should be appointed.
Yesterday, Kangaloo said, “At the end of the process, the President—whoever he or she may be— acts in accordance with Section 80 Sub-section 1 of the Constitution, and, on an occasion like today, formally confers senior counsel status to those upon whom he or she has been advised to do so.”
President Kangaloo also sought to advise the recipients of their new roles and responsibilities in the legal profession.
“Like so many other professions, the sustainability and the advancement of the legal profession depend on the leadership, mentorship and apprenticeship that are offered and provided by those whose induction into the ranks of leadership we have witnessed today,” she said.
However, she did advise them to savour the moment, which would no doubt define their careers.
“You have all worked extremely hard, year after year, in matters and in circumstances that have challenged and stretched you to the limits of your professional abilities, and today, your profession recognises and celebrates your efforts,” the President said.
In addition to Garcia and President Kangaloo’s brother, the other recipients included Independent Senator Anthony Vieira; Angostura Holdings Ltd chairman Terrence Bharath; Trinidad Petroleum Holdings Ltd chairman Michael Quamina; Deputy Director of Public Prosecutions (DPP) Joan Honore-Paul; Police Service Commission (PSC) member Rajiv Persad; Ronnie Bissessar; Rishi Dass; Ida Eversley; John Heath; Larry Lalla; Leslie-Ann Lucky-Samaroo; Jason Mootoo; Ravi Rajcoomar; Dipnarine Rampersad; and Bernard Shepherd.
Speaking with media personnel after the ceremony, Attorney General Reginald Armour, SC, noted that the selection procedure existed before this country gained Independence in 1962.
He claimed that after receiving the applications, he engaged in consultations with Chief Justice Ivor Archie and the Law Association before making recommendations to Prime Minister Dr Keith Rowley. He noted that recently elected Law Association president Lynette Seebaran-Suite recused herself from the consultation process, as she too applied for the honour.
Seebaran-Suite was expected to receive her instrument of appointment during the ceremony yesterday, but could not attend due to the recent death of her mother. A separate ceremony will be held for Seebaran-Suite at a later date.
“The Prime Minister, the Attorney General and the Law Association engaged in an exercise for a wide cross-section of members of the profession,” he said.
Armour also sought to address the fact that only three to four of those selected practice criminal law, as he alluded that more appointments may be forthcoming.
“Not all of the persons who would have been entitled were awarded today. It is a work in progress,” the AG said.
He also acknowledged that there have been repeated calls from within the legal fraternity for an overhaul of the selection process, including when he served as Law Association president between 2015 and 2017.
“That is under review,” he said.
In a brief interview after receiving his instruments of appointment, Garcia echoed his wife’s sentiments as he sought to dispel negative public discourse over his and his brother-in-law’s appointments.
“It makes no difference in this process who occupies the Office of the President. The difference is made earlier in the process,” Garcia said.
“There is always public discourse in T&T, which is to be encouraged, but I think it is important that one uses the surgeon’s scalpel rather than wields the butcher’s axe. It is important that one generates more light than heat,” Garcia added.
While he noted that it was purely coincidental that his wife held the office when he was selected, Garcia said he was happy she was able to share his special moment with him.
“That is a most happy accident of history and I am happy to benefit from it,” Garcia said.
He said he was also thinking of applying in 2012 under the People’s Partnership administration but ultimately felt he wasn’t ready at the time. However, he said when the opportunity arose this time around, he spoke to his family and his mentors within the legal fraternity and they were the ones who convinced him he should apply.
Garcia said he was humbled by the appointment and looked forward to fulfilling the associated responsibilities to the legal profession.
“One feels entirely elated that one’s profession has considered that one is of significant calibre and experience to be offered this signal honour,” Garcia said.
Guardian Media requested an interview with President Kangaloo’s brother but he politely declined.
In an interview with Guardian Media yesterday, Criminal Bar Association president Israel Khan, SC, who has a pending constitutional lawsuit over the selection procedure, maintained that it should be reviewed to exclude the involvement of the Prime Minister.
“All the lawyers who were given silk, including myself, were awarded silk on the recommendation of a Prime Minister. That ought not to be,” he said, as he suggested that appointees should be selected by an independent body chaired by the Chief Justice and including senior judges.
He noted that Prime Minister Dr Keith Rowley challenged the set procedure in 2012, when former prime minister and current Opposition Leader Kamla Persad-Bissessar, SC, was conferred silk during her tenure.
He also pointed out that CJ Archie and President Kangaloo’s other brother, Wendell, who served as an Appeal Court Judge before he died in a car crash in 2013, were appointed as senior counsel alongside Persad-Bissessar but chose to return the award due to public furore over the move.
Khan noted that the majority of senior counsel practice civil law and claimed the criminal justice system needed between 10 to 12 more Senior Counsel to function properly.
“A few years ago, I sent a list of lawyers who had the necessary ability and integrity. I do not know who from the criminal bar would have applied this time,” he said.
List of new Senior Counsel
1. Terrence Bharath
2. Ronnie Bissessar
3. Rishi Dass
4. Ida Eversley
5. Kerwyn Garcia
6. John Heath
7. Joan Honore-Paul
8. Colin Kangaloo
9. Larry Lalla
10. Leslie-Ann Lucky-Samaroo
11. Jason Mootoo
12. Rajiv Persad
13. Michael Quamina
14. Ravi Rajcoomar
15. Dipnarine Rampersad
16. Bernard Shepherd
17. Anthony Vieira
Criteria used to assess attorneys for silk
• Professional eminence and distinction, which establishes them as leaders of the profession.
• Sound intellectual ability.
• Thorough, comprehensive and up-to-date knowledge of law and practice in the fields in which they practise.
• Outstanding ability as an advocate in the higher courts.
• The highest professional standing, having gained the respect of the Bench and profession in observing the advocate’s duty to the court and the administration of justice while presenting their clients’ cases and being formidable, fair and honourable as an opponent.
• Total professional integrity; maturity of judgment and balance; and high-quality practice with at least ten years’ experience.
