Judge throws out UNC case

CHIEF JUSTICE Sat Sharma sworein two Trinidad and Tobago attorneys to sit on the Caribbean Judicial and Legal Services’ Commission (CJLSC) based on a request from various Chief Justices of the CARICOM region, and not because of any instruction from Attorney General Glenda Morean, as was being alleged by the United National Congress (UNC).

In dismissing, yesterday, the High Court case filed by UNC MP Chandresh Sharma, Justice Jamadar chastised the applicant (MP Sharma) for not furnishing the court with facts to support his contention that CJ Sharma “appointed” the members of the commission. “In fact the evidence is, the Chief Justice of Trinidad and Tobago, acting ‘on behalf of the conference of heads of the Judiciary of the member-states of the Caribbean community’ issued an invitation ‘to witness the installation of the members of the Regional Judicial and Legal Services Commission,” Justice Jamadar stated in a seven-page judgement. Allan Alexander SC and Kenneth Lalla SC, were sworn in as commissioners on August 21, in a ceremony at the Hall of Justice, presided over by CJ Sharma. The rest of the commissioners are to come from the respective CARICOM member-states. The CJLSC’s function is to appoint the judges who are to preside on the Caribbean Court of Justice (CCJ).

MP Sharma sought judicial review of CJ Sharma’s  decision to swearin/appoint the commissioners. British Queen’s Counsel Dr Fenton Ramsahoye argued that CJ Sharma could not, as head of the Judiciary, appoint upon instructions from the Executive (via the AG). Ramsahoye, instructed by attorney Anand Ramlogan, contended that the protocol and agreements establishing the CCJ, ought to have been incorporated into local legislation before the CJ could have acted. Jamadar agreed, however, with Anthony Jacelon SC, instructed by Kerwyn Garcia, that the State, by virtue of its treaty-making power, can act under international law. Justice Jamadar stated in his judgement that the applicant (Chandresh Sharma), provided no factual evidence that the Executive (AG), instructed CJ Sharma to perform the swearing-in. Stating that it was the CARICOM secretariat which was involved in the exercise, the judge stated: “Indeed there is no evidence to suggest that the Executive was in any way actively involved in this occasion.”