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Israel Khan, SC.
THERE is a resurgent school of thought that says the system of appointing Senior Counsel (commonly referred to as silk) on the recommendation of the Prime Minister is ultra vires the Constitution.
Be that as it may, until the present system is legally replaced, there is a dire need by the existing political power structure to appoint silks to the Bar in order to facilitate the smooth and efficient administration of criminal justice.
Thus, in my capacity as the most senior practising silk at the criminal bar (20 years) and an attorney for the past 41 years in the criminal justice system, I wish to politely but emphatically point out to Faris Al-Rawi that he has held the esteemed position of Attorney General for approximately five years and a few months and during this period, only four attorneys have been elevated to the Inner Bar, none of whom was an advocate at the criminal bar. And this was in 2018.
The AG would know that under the UNC Partnership Government, 16 attorneys were elevated to the Inner Bar, of whom three practised at the criminal bar. And this was nine years ago.
Thus, for the past nine years only three practitioners at the criminal bar have been elevated to the Inner Bar, and the AG would note that during the last ten years, at least six criminal silks have died. Thus there is an obvious lack of silks within the criminal justice system.
The entire legal profession, including the Office of the Attorney General (and that of the Prime Minister), is aware that there is a need to appoint competent and experienced practitioners with impeccable integrity at the criminal bar to the Inner Bar to lead the many junior advocates who assist in the administration of justice.
Yet nothing is being done to fill the glaring void within the criminal justice system. And I ask why? Is it politics, parochial interests or petty jealousy that is humbugging the award of silk to deserving advocates?
In this regard, I politely remind the Attorney General that the preamble to our Constitution states that in TT, there should be opportunity for advancement on the basis of recognition of merit, ability and integrity.
Indeed the preamble to our Constitution boldly states, that the people of TT have asserted their belief in a democratic society in which all persons may, to the extent of their capacity, play some part in the institutions of national life and thus develop and maintain due respect for lawful constituted authority.
And I dare say that the criminal justice system which upholds the rule of law is one of the most important institutions of the national life of our country.
The unjust situation of the non-appointment of lawyers of the criminal bar, for the past nine years, to the rank of silk, especially when there is a dearth of silks is a national scandal creating a rotten state of affairs within the criminal justice system. And it stinks to high heaven!
It is within the context of the above that I wish to place on the “national record” that it is my respectful view that both the Attorney General and the Prime Minister are unwittingly undermining the independence of the criminal bar, and consequently discriminating against deserving lawyers qualified to “take silk.”
It is being whispered loudly amongst senior and junior lawyers that the Attorney General is of the view that the top criminal attorneys are not yet ready/qualify to be awarded silk; and in any event, he is of the view that there are sufficient silks at the criminal bar and there is no pressing need to immediately appoint additional silks.
Obviously, this whisper is speculation, but if perchance it is true, then this meretricious view of the Attorney General is fundamentally erroneous and thus bad for the legal profession and the criminal justice system. And what is bad for the criminal justice system is not good for the country as a whole.
It is my considered opinion that there is an urgent need to increase the number of leaders at the criminal bar and the top criminal practitioners are adequately qualified to take silk.
I wish to humbly point out to the Attorney General that during my 41 years of practice at the criminal bar have become entrenched and connected to the criminal justice system to such an extent that I am very much aware of the practice and professional activities of all criminal advocates and hence I have taken the liberty to boldly compile a list of the top criminal lawyers who in my opinion meet the criteria of merit, ability and integrity to be awarded silk.
I shall send this list under separate and private confidential cover to the Attorney General, who can consider same, together with any others he considers fit for the award of silk and thus make his own sagacious recommendation to the Prime Minister, who in turn, subject to his approval, would advise the President to make the necessary appointments.
As it now stands, the criminal bar is in need of at least seven additional silks, with at least two emanating from the Director of Public Prosecutions Department in order to assist in the administration of criminal justice.
Incidentally, the Attorney General is considered by the legal profession to be the titular Head of the Bar and for that reason, is entitled to take silk.
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