Law Association urges respectful debate over Hadeed ruling 

The Law Association of Trinidad and Tobago (LATT) is urging members of the public to refrain from making personal attacks against Court of Appeal judges following the court’s recent ruling in the Hadeed case. 

The ruling, delivered last week, overturned a High Court order that had directed the release of businessman Dominic Hadeed and his wife Genevieve from preventive detention into house arrest. The Court of Appeal instead stayed that order pending the State’s appeal to the Privy Council, leaving the couple in detention while the legal challenge continues. 

In a media release on Monday, the association said while public discussion and criticism of judicial decisions are legitimate in a democratic society, such commentary should remain respectful and should not include unfounded allegations that question the integrity or independence of the judiciary. 

LATT said the Court of Appeal’s decision was made in the context of an interlocutory application and did not determine the ultimate legality of the Hadeeds’ detention or the constitutionality of the Emergency Powers regime. 

It said those substantive issues remain before the courts for determination. 

The association said the Supreme Court, comprising the High Court and the Court of Appeal, is responsible for resolving disputes, including those involving personal liberty, and that the ongoing proceedings demonstrate that constitutional safeguards continue to operate during the State of Emergency. 

LATT said the Constitution allows for emergency measures in prescribed circumstances while preserving judicial oversight to determine whether those measures are lawful, proportionate and reasonably justifiable. 

The association acknowledged that court decisions, particularly those involving constitutional rights and personal liberty, often attract intense public scrutiny and said members of the public have the right to question and critically analyse judicial rulings. 

However, it warned that commentary attacking the integrity of the courts or ignoring the legal and evidential basis for decisions risks undermining public confidence in the administration of justice. 

LATT also noted that the Court of Appeal has not yet delivered its written reasons for the decision in the Hadeed matter. It said those reasons will explain the legal principles applied by the court and help practitioners, litigants and the public better understand the basis for the ruling. 

The association said it has full confidence in the independence and impartiality of the judiciary and urged attorneys to advise their clients to exercise their right to comment on the decision respectfully and avoid statements that undermine confidence in the administration of justice.