POSSIBLE “pillow talk” between a husband and his wife has been raised as a complaint against the judge presiding over the TT Revenue Authority (TTRA) constitutional challenge.

Justice Betsy Ann Lambert-Peterson is being asked to step down from hearing the claim filed by a Customs officer because of her familial relationship.

The judge is the wife of Senior Counsel Gilbert Peterson.

On Wednesday, attorneys for Terissa Dhoray filed a formal recusal application.

In it, they say, “There is a strong possibility of bias on the part of the court as this is her husband of many years and the reality of life is such that ‘pillow talk’ between a husband and his wife is bound to occur...

“The mere fact that the court is aware of the fact that her husband is a strong supporter of the government and ruling party from which he earns substantial income and enjoys the privilege of chairmanship of two major statutory bodies is likely to have a subconscious influence on the court.”

Peterson is the chairman of the Legal Aid Advisory Authority (LAAA) and the Telecommunications Authority (TATT).

Last week, Dhoray’s attorneys wrote to the judge alleging apparent bias and asking her to step down from the case.

On June 9, at a case-management hearing, Lambert-Peterson said having seen the letter, which was about her husband, there was no basis for her to recuse herself.

She gave case-management directions and said she would deal with any formal recusal application when one was filed.

The application filed on Wednesday includes affidavits from Dhoray and Public Services Association (PSA) president Leroy Baptiste. Dhoray is a member of the PSA.

“If a judge appears to be partial, public confidence in the judiciary is eroded. Therefore, a judge must avoid all activity that suggests that his or her decision may be influenced by external factors such as a personal relationship with a party or interest in the outcome of a case,” the application said.

It argued that a central feature of the TTRA constitutional challenge includes a complaint that the TTRA Act gave the Minister of Finance political control over the authority and allows undue political influence and interference with it.

“The claimant filed this case because she was concerned about the potential for political manipulation, influence and abuse of power in the TTRA...

“In terms of this matter, it is clear that the legal battle lines have been drawn in the political sands.”

The application raised concerns about the way the judge treated Dhoray’s application for an injunction, which she dismissed on June 5. Her decision has been appealed and will be heard on July 4. The injunction sought to halt the continued operationalisation of the TTRA.

The application raised the concerns outlined in the letter to the judge about her husband, his professional practice, and a “legitimate fear that the learned judge ‘will not bite the hand that is feeding her family,” in reference to Peterson’s chairmanship.

In his affidavit, Baptiste said the union’s members who are