However being possessed of the common sense and intelligence ascribed to
him by law he or she would take into account:
a. the nature of the material produced in support of the alleged WhatsApp
messages; and
b. the inherent plausibility of their content in the circumstances outlined
above.
61.
It is in that context he would take into account and assess the emphatic
denials by the persons directly concerned. It is hardly conceivable that such a
fair minded and informed observer in this country would do otherwise.
The denials
62.
The context in which the less than categorical denial by the CJ was being
made, namely, the threat of investigation, and possible section 137
proceedings, would be part of the factual matrix that the fair minded and
informed observer would take into account. While criticism was directed by the
applicant to the non-specific nature of the denial, a fair and informed observer
would note the statement in paragraph 8 of the affidavit of the CJ in previous
proceedings- Law Association of Trinidad and Tobago v The Honourable The
Chief Justice of Trinidad and Tobago Civ. App. No P075 of 2018 delivered May
22nd 2018 (referred to at page 6 of the judgment of the Honourable Bereaux JA
at page 80 record of appeal) to the effect that the allegations made were untrue
and that legal advice constrained a more specific response to the multiple
allegations being made. In that context, not being unduly suspicious, he would
therefore not read more into the failure to specifically address the allegation
of WhatsApp communications by the CJ to the PM.
35