CJ blanks Hamel-Smith — Warner acts

Justice Roger Hamel-Smith, the most senior judge of the Court of Appeal, was bypassed to act as Chief Justice, and his junior, Justice Margot Warner, was appointed instead. The appointment took effect from yesterday, as Chief Justice Satnarine Sharma was expected to leave the country last night on private business. The CJ is expected to be in Ireland on Saturday for his son’s graduation as a medical doctor. In the past, Hamel-Smith always acted as CJ in the absence of Sharma. The only time another judge would act as CJ is when both the CJ and Hamel-Smith were out of the country. However, Hamel-Smith is in the country, Newsday was told.

The procedure is that the CJ nominates someone to act for him when leaving the country, and it is always the most senior appeal court judge who is selected. In this case, the CJ’s  nominee, Warner, was submitted to President George Maxwell Richards, who, after consultation with Prime Minister Patrick Manning and Opposition Leader Basdeo Panday, proceeded to appoint Warner. It is the first time that Warner is acting as the CJ, and the first time for a woman. Sources in the legal fraternity could not  recall any previous  instance where the next senior judge in line was bypassed for such an acting appointment.

However, the relationship between Sharma and Hamel-Smith has been strained since Hamel-Smith swore an affidavit in support of Prime Minister Patrick Manning in a judicial review matter now before the court. Recently, Sharma was granted leave for judicial review against a decision of Manning, who recommended to Richards the appointment of a tribunal to investigate alleged improper behaviour by the CJ. Several judicial officers such Attorney General John Jeremie, DPP Geoffrey Henderson, Justice of Appeal Stanley John and Justice of Appeal Hamel-Smith and High Court judge Mark Mohammed  have filed sworn affidavits in the matter.