PM tells House

PRIME MINISTER Patrick Manning yesterday “totally and emphatically refuted” the accusation (made by Chief Justice Satnarine Sharma) that he tried to “bully and hound” him out of office, saying his suggestion to Sharma about “demitting office,” was based on humanitarian considerations, inspired by the Chief Justice’s “noticeable anguish” over the most recent complaint against him.

In a statement to Parliament, the Prime Minister detailed Sharma’s obvious distress when he read the correspondence from Chief Magistrate Sherman Mc Nicolls setting out his complaint, that Sharma had attempted to influence the outcome of the Basdeo Panday case.

“The Honourable Chief Justice became incoherent and appeared to be emotionally distraught during the conversation which ensued. This gave me no pleasure and it was in fact painful to experience. The allegations ... appeared to have rattled him. In those circumstances, I suggested that, if he so chose, he could exercise the option to demit his office voluntarily rather than be subject to any administrative or criminal proceedings which may possibly be proffered against him,” the Prime Minister told the House.

Manning admitted he did tell the Chief Justice that he “would not personally like to see a Chief Justice being faced with possible criminal prosecution if such an occasion can be avoided.”

Manning said the CJ in turn replied that he needed time to decide whether or not he should tender his resignation. They agreed that he would advise the PM of his decision on his (Sharma’s) return from Czechoslovakia, the PM added.

In the meantime, the Prime Minister is also considering whether the question of Sharma’s removal from office should be investigated under Section 137 of the Constitution. The PM, who said he had not yet made up his mind, stated: “I will not recommend to the President that the question of removing the Chief Justice ought to be investigated, unless I am fully satisfied there is prima facie sufficent basis to warrant such an investigation.”

But, Manning assured he would act fairly, decisively and faithfully according to law. During his deliberations he would be seeking additional information from Mc Nicolls as well as other relevant information on the issue, which he would pass on to the CJ.

Manning also said he would be seeking advice of three eminent local and foreign members of the inner bar, as was done on the previous occasion.

The PM also disputed charges that by his actions he was attempting to undermine the independence of the judiciary. Manning noted that the Constitution provided a mechanism for investigating serious allegations of impropriety against judicial officers.

Therefore, any attempt to characterise such an investigation as an attack on the independence of the judiciary, was to venture to make judges unaccountable and above the rule of law he asserted.

In carrying out his constitutional duty, Manning said he did not propose to follow many of the commentators and delve into any sale of land deal, or seek to determine the guilt or innocence of anyone, or comment on any judgement, or give an interpretation on the abuse of power or the separation of powers.