Former Chief Magistrate Marcia Ayers-Caesar will have her day in court.
On Friday, she was granted leave to file for judicial review of the decision of the Judicial and Legal Service Commission (JLSC) to force her into a resignation.
She has been granted leave against the decision of the Judicial and Legal Service Commission (JLSC) and the Attorney General representing the President, regarding decisions made by the JLSC and the President concerning her purported resignation.
Justice David Harris gave a 30-page judgment.
Ayers-Caessar claimed that the JLSC acted unlawfully in seeking her resignation as a Judge, that her resignation was unlawfully procured by the JLSC and that it acted unlawfully in treating as effective her consequent purported resignation.
Regarding her claim against the President, Ayer-Caesar submitted that the President’s continued refusal to set aside her resignation and reinstate her as a Judge was unlawful.
A case management hearing will be held on October 12 in the San Fernando High Court.
Ayers-Caesar, who was the former chief magistrate, had resigned her position and on April 12 and was presented with her instrument of appointment to take up her position as a judge.
She presided in the San Fernando High Third Criminal Assizes but in the Port of Spain Magistrates’ court, prisoners, several of them on capital charges, complained loudly about their cases being part-heard and the frustration of facing a new trial by Ayers-Caesar’s departure.
She resigned as a Judge on April 27 and it was later discovered she left behind 53 part-heard matters in the Port-of-Spain Magistrates’ Court which are still in limbo.