Tribunal for CJ Sharma

A “HEAVY HEARTED” Prime Minister Patrick Manning announced yesterday that he had advised  President Max Richards to set up a tribunal to examine the question of the removal of Chief Justice Sat Sharma. In his statement to Parliament, Manning was silent on whether Sharma would be suspended during the investigation. Under the Constitution, the Prime Minister “may” advise the President to suspend the Chief Justice “from performing the functions of his office,” once the matter has been referred to the tribunal.

Manning said the names of the members of the tribunal would be an-nounced shortly. (See full statement on Pages 8 and 13) He stated that the advice given to him by two English Queen’s Counsel and by one local Senior Counsel was unanimous — that the allegations made against the Chief Justice were serious enough to warrant further investigation by a tribunal established under the Constitution. Manning stressed that the decision to cause an investigation was not a condemnation of the Chief Justice, nor was it a finding of guilt against him by the Prime Minister. “There is no requirement for the Prime Minister to determine guilt or innocence in any way whatever. I do no such thing. What I have done Mr Speaker, in accordance with the provisions of the Constitution, is to cause the establishment of a tribunal of the Chief Justice’s peers to examine the issues in order to determine whether or not the Chief Justice ought to be removed from office, and if they so find, to refer the matter to the Privy Council for final decision,” he said.

He added that at the end of the day, given due process, the Chief Justice may be totally exonerated. The investigation arises out complaints made by the Director of Public Prosecution Geoffrey Henderson and Attorney General John Jeremie. Manning said he had given detailed and careful consideration to the correspondence received from the DPP, the AG, a High Court Judge (Mark Mohammed) and the Chief Justice. Manning said he was advised that the fact that the matter would proceed before a tribunal, subjected it to a observance of the sub-judice rule. “This should therefore temper the remarks of all those who would instinctively make wile and intemperate responses to what is really a very serious matter,” the PM stated, as he urged “utmost restraint.”

However, Manning prefaced his statement by clearing himself of any involvement in the leaks of confidential correspondence to the media. “I wish to take this opportunity to assure the national community that the Prime Minister has not authorised anyone to give information to the media in this sensitive matter.” In fact, Manning added that “such leaks have caused me great concern and anguish. I could not see what benefits or advantage could have been derived therefrom.” He said in this regard, he had engaged the services of two officers from Scot-land Yard who teamed up with two local officers to pursue the enquiries. “It is with deep regret and therefore most unfortunate that they could not identify, precisely and without any doubt whatever, the persons responsible to enable action to be taken,” Manning said, claiming: “The detectives could not get the final evidential commitment to take the matter further.”

Manning stressed that the Chief Justice must be treated “fairly and respectfully,” although the Rule of Law asserts that no one is above the law. The matter would be devoid of emotion or politics and must be carried out without fear or favour, he added. As he concluded, Manning referred to the statements of former British prime minister Neville Chamberlain who said: “In war, whichever side may call itself the victor, there are no winners, but all are losers.” This provoked Opposition Lead-er Basdeo Panday to quip: “I glad yuh realise is war.” The Attorney General  and the Director of Public Prosecutions alleged in statements to Manning that the Chief Justice had suggested that the prosecution of Dr Vijay Naraynsingh for the murder of his second wife, Chandra, be aborted. Naraynsingh was subsequently acquitted at the preliminary inquiry. However, his third wife, Seeromani Maharaj-Naraynsingh and businessman Elton Ramasir are still before the courts.