Tribunal starts hearing complaints against CJ Twomey today |30 July 2018

The tribunal set up by the Constitutional Appointment Authority to investigate complaints of misbehaviour by Chief Justice Mathilda Twomey will start hearing evidence today at the ex-National Assembly Hall, National House.

CJ Twomey is being represented by lawyers Pesi Pardiwalla, Kieran Shah and Francis Chang Sam, and the inquiry is expected to last a period of two weeks.

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

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.

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.

In early June, a press communique from the Judiciary of Seychelles wrote that Chief Justice Mathilda Twomey will take leave during the hearing by the tribunal of inquiry set up in terms of Article 134 of the Constitution to investigate complaints made by suspended Judge Durai Karunakaran against her.

During Mrs Twomey’s absence from office, Judge Ronny Govinden will act as chief justice following his appointment by President Danny Faure.