Tribunal to hear complaints against CJ Twomey on July 30 |06 June 2018

Set up by the Constitutional Appointment Authority to investigate complaints of misbehaviour by Chief Justice Mathilda Twomey, the tribunal will start hearing evidence on Monday July 30.

CJ Twomey is being represented by lawyers Pesi Pardiwalla, Kieran Shah and Francis Chang Sam.

The tribunal is composed of Judge Michael Adams QC as the president, Judge John Raymond Murphy and Judge Olufunmilayo Atilade as members.

In its first session yesterday at the ex-National Assembly Hall, National House, the tribunal started considering applications of people who believe they might be affected by the case.

According to reports, most of the applications presented yesterday were rejected.

In his opening statement, Judge Adams said: “I wish to make it clear that though the addendum contains certain statements of fact, either explicitly or implicitly, the tribunal does not proceed on any assumption that any of those statements of fact are correct. All those statements of fact may appropriately be contested and will be determined if necessary by the tribunal. Similarly, there is no implication one way or another that even were any of the particulars to be found that it would follow the recommendations adverse to the chief justice be made. That is entirely separate matter which depends upon general principles concerning the independence of the judiciary and the appropriate limits to interference with them, independent by outside bodies including the president.”

It was on May 11, 2018 that the Constitutional Appointments Authority (CAA) issued a press release signed by its chairman Michel Felix informing the media that the CAA had on the same day informed the Chief Justice, Dr Mathilda Twomey, that a tribunal has been appointed to inquire into certain complaints that the authority believes raised issues of misbehaviour.

The release added that “the authority was satisfied that a prima facie case of misbehaviour had been found and that the issues should be further inquired into by a tribunal appointed pursuant to Article 134 of the Constitution”.

Article 134 of the Seychelles Constitution stipulates that a justice of appeal or judge may be removed from office only for inability to perform the functions of the office, whether arising from infirmity of body or mind, or from any other cause and for misbehaviour.

The press release added that President Danny Faure had been equally informed of the CAA’s decision to appoint the tribunal which is composed of Judge Michael Adams QC as the president, Judge John Raymond Murphy and Judge Olufunmilayo Atilade as members.

Mrs Twomey was appointed Chief Justice of the Seychelles Supreme Court on August 7, 2015, becoming the first Seychellois woman to be appointed to the post.

Even before CAA had informed CJ Twomey of the setting up of the tribunal, three Commonwealth associations -- the Commonwealth Lawyers Association, the Commonwealth Legal Education Association and the Commonwealth Magistrates’ and Judges’ Association -- had expressed their concerns about the decision taken by the authority in a press statement.

The three Commonwealth associations stated that the existence of an independent and impartial judiciary is one of the cardinal features of any country governed by the rule of law.

“By virtue of its membership of the Commonwealth, the Seychelles is committed to the shared fundamental values and principles of the Commonwealth, at the core of which is a shared belief in, and adherence to, democratic principles including an independent and impartial judiciary,” they said. 

They urge the Seychelles government “to ensure that the Constitutional requirements regarding the composition of the Constitutional Appointments Authority are respected and that any Tribunal of Inquiry in relation to the Chief Justice is constituted strictly in accordance with the Constitution so as to ensure its independence and integrity”. 

It is to be noted that CJ Twomey is the second judge to be investigated by a tribunal set up by the CAA in two years. The first is Supreme Court Judge Durai Karunakaran who was suspended in October 2016 as a result of a decision made by the CAA to refer him to a tribunal of inquiry to investigate into his professional conduct.