Black Friday for CJ case

PRIME MINISTER Patrick Manning’s official visit to Chile and Attorney General John Jeremie’s sudden departure to an unknown destination have hampered the State’s filing of affidavits in the judicial review case brought by embattled Chief Justice Sat Sharma. Instead of making progress, hearing has now been shifted to May 13 — Black Friday. Douglas Mendes SC, who represents the Prime Minister, said when the case was last called on April 13, he promised Justice Humphrey Stollmeyer to file affidavits by Wednesday, in time for yesterday’s hearing. When the case resumed yesterday, Mendes came up empty-handed. He said Manning left the country, while the Attorney General was unavailable. Although his team made some progress, the absence from the country of Manning and Jeremie hampered them.

Mendes went to the Port-of-Spain First Civil Court with his local team of Stuart Young and Michael Quamina, and British Queen’s Counsel Mark Strachan, who was hired by the Prime Minister to lead his case. But Strachan had one problem. He has not yet been admitted to the local bar, so therefore, he could not lead the team. However, the British QC was allowed to occupy his seat at the inner bar and steps will be taken today to have him admitted. Returning to the submissions, Mendes asked for the case to be put to May 9, by which time his team would decide if affidavits would be put in for Manning, Jeremie, and Director of Public Prosecutions (DPP) Geoffrey Henderson, the three principal witnesses named by the Chief Justice in the attempt to impeach him.

Mendes said the decision to put in affidavits would depend on the instructions they receive from Manning and Jeremie upon their return to the country. He said Manning is expected back by this weekend, but he could not say when the Attorney General would return. In the meantime, Mendes said if there are other affidavits, such as one from the DPP, he would have them filed and make them available to the Chief Justice. He said both sides were anxious to fix an early date consistent with their diaries. In response, Russell Martineau SC, who heads the Chief Justice’s team, said he could not object to the adjournment, but he expressed disappointment that affidavits were not filed.

“This is a matter of urgency,” Martineau told the court. “We are anxious to have the matter proceed to restore our client’s reputation.” He continued, “We are told that the Prime Minister and the Attorney General are not available. We are concerned at the leisurely pace, there needs to be some urgency to the matter.” Mendes pointed out that Manning had a trip scheduled long before this case. “If I was aware, I would have brought it to your attention.” He said the absence of the Prime Minister and the Attorney General from the country was no disrespect to the court. It could not be avoided, he added.

Mendes suggested June for the hearing, saying he is expected before the Privy Council in the last week of that month. Strachan will be in Hong Kong before that. It was eventually agreed that the matter be adjourned to May 13. Sharma filed for judicial review of the decision of the Prime Minister to represent to the President that a three-member tribunal be appointed to investigate allegations against him. Stollmeyer granted leave and an injunction blocking the appointment of the tribunal pending the hearing and determination of the judicial review case. President George Maxwell Richards has refused to appoint the members of the tribunal “at this stage.”