Home' Trinidad and Tobago Guardian : June 15th 2014 Contents A6
Sunday Guardian www.guardian.co.tt June 15, 2014
The People s National
Movement (PNM) will join
forces with the Joint Trade
Union Movement (JTUM) for
Thursday s Labour Day cele-
brations in Fyzabad.
However, chairman of the
PNM Franklin Khan said the
party will not mount any plat-
form to address attendees, but
they will merge with the labour
movement at 10 am at Avocat
from where they would march
to Charlie King Junction with
"Just as how we have been
part of the process with JTUM
with regard to the Section 34
march and the march against
the Government a couple weeks
ago, we continue to honour that
relationship with the labour
Khan was speaking at the
party s press briefing at Balisier
House, Port-of-Spain, yester-
"It is nothing official or no
political merger or anything of
the sort. The PNM will be there
in its large numbers as a
responsible organisation. The
red army will be there for
Khan said it would be a joy
to merge with JTUM as they
craft new relationships in the
country s interest.
"We are concerned about the
lack of good governance in
Trinidad and Tobago. People
Khan said forces would have
to be aligned to "get rid of this
(See Pages A10 & A11)
Justice Geoffrey Henderson did not
demit office before taking up his position
at the International Criminal Court (ICC).
Instead, in an unprecedented move, the
Judicial and Legal Services Commission
(JLSC) granted him a three-year no-pay
leave to take up the highly respected post
in The Netherlands.
Justice Henderson took up the position
back in November to serve the unexpired
portion of the term made vacant when for-
mer judge Anthony Carmona resigned to
take up the post of President. Henderson s
term at the ICC is expected to expire on
March 10, 2021.
The issue has been resuscitated by one
senior counsel, who wrote to the Law Asso-
ciation of T&T questioning why Henderson
was allowed to take the no-pay leave instead
of demitting office as was expected.
In the two-page letter, the SC said he
assumed that Henderson went through the
expected channels and demitted office.
"It has since come to my attention that
Justice Henderson has been granted no pay
leave by the Judicial and Legal Services
Commission to take up his appointment in
the Hague," he said.
"It is significant that so far there had
been no notification to the public of this
decision," he said.
"To the best of my knowledge, there is
no precedent for such action in the circum-
stances of a judge leaving the jurisdiction
to assume full-time occupation elsewhere,"
The SC questions whether the Consti-
tution allows the JLSC to make this deter-
mination and listed several concerns about
such action, including the fact that the con-
stitutional complement of judges is effec-
tively reduced by one.
"In this case the number of judges avail-
able to sit in Criminal Courts is affected,"
the letter said.
"The judge who is allowed to proceed on
leave may retain seniority over some of his
former colleagues who have remained in
the jurisdiction and have continued to serve
the public of T&T in accordance with their
oath of office," he said.
The SC s other concern was that the ICC-
appointed judge left, knowing that his sen-
iority and position in T&T were "secure."
"We may well see other judges applying
to proceed to take up even short term
appointments both within and without the
jurisdiction with adverse effects on the
administration of justice," he said.
One retired judge, who preferred to speak
under the condition of anonymity, said he
was surprised to learn that Justice Henderson
was allowed such a prolonged leave of
absence. He said he "would have thought
and have thought all along that he demitted
office" to take up the ICC posting.
The Sunday Guardian also obtained an
internal memo between the director of per-
sonnel administration and the court exec-
utive administrator, which informed the
judiciary that Henderson s leave was
The short memo states that Henderson
was granted leave from 1 February 1, 2014
to January 31, 2017 "to enable him to take
up employment as Judge at the International
Chief Justice Ivor Archie yesterday con-
firmed that Justice Henderson had not
demitted office but was indeed granted a
three-year no-pay leave from his local duties.
cerns that Min-
ister of Tobago
ing the assem-
bly s autonomy
by "setting up a
day at the PNM s
media briefing at
Balisier House, Port-of-Spain.
Under the THA Act, London said, the THA
controls certain areas, mainly culture, sports
and community development.
He said the ministry was supposed to act
as a co-ordinator in other areas under the
Central Government schedule, but had been
neglecting those areas.
"We actually have situations where institu-
tions set up in the THA are now being mirrored
in the ministry. We already have a court matter
with the Central Government, with one of the
areas where we think there was encroachment."
London said Baker was colluding with the
Government "in order to undermine the very
institution for which the people have fought.
I am appealing to the decency of the minister
that he should not be colluding with his part-
ners in the PP Government to undermine the
autonomy of the institution which was set up
to cater for the interest of the people."
London said he wrote the Prime Minister
Kamla Persad-Bissessar on the matter and "in
fact, the minister did indicate to me that he
was carrying out the instructions of the Prime
no-pay leave to join ICC THA being
ARCHIE: HE WAS
In a brief interview during a short
break at yesterday's Dana Saroop
Seetahal Symposium at the Noor
Hassanali Auditorium, University of
the West Indies, St Augustine, Archie
would only say that Henderson was
When pressed further about the
action that allowed Henderson to
maintain his position with the
Supreme Court, Archie said there was
"Henderson's seniority to consider."
Asked whether that was an
important factor in the decision, Archie
said "of course."
The Sunday Guardian attempted to
reach Law Association president
Seenath Jairam on three occasions but
PNM joins forces with JTUM for Labour Day
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