Justice Jamadar explains

As he presented a timeline of events as it relates to the assignment of the case to them, Justice Jamadar said it was not for him or fellow Justices of Appeal Gregory Smith and Judith Jones to investigate what transpired in the 48 hours preceding yesterday’s hearing.

Justice Jamadar was responding to concerns raised by former attorney general Anand Ramlogan SC, questioning whether Government had ‘privileged access’ to information based on secret information with and unfair access to the court, after Attorney General Faris Al Rawi announced in Parliament on Friday night that the matter was, “being appealed and is on for 9 am on Monday.” Ramlogan said this was said even as the Registrar of the Supreme Court and Manager of the Registry of the Court of Appeal on Saturday denied that an appeal had been filed and a hearing set for yesterday. He also questioned how Al Rawi was able to say Justice of Appeal Mendonca had confirmed he would hear the State’s appeal on an urgent basis yesterday, and why then, did the composition of the panel change to the quorum comprising Justices Jamadar, Smith and Jones. Ramlogan has written to the Registrar seeking answers but brought the matter to the court’s attention at the start of the hearing yesterday, saying it was important to the administration of justice that the process be transparent and there was frank disclosure to avoid any further undermining of the public’s confidence. He called for an investigation on the issue.

In response to Ramlogan, Justice Jamadar said while the court had no problem with the issue being raised, as Ramlogan was entitled to do so, it was not for them to undertake any investigation. He said the appropriate person was the Registrar whom he expects will respond to Ramlogan’s letter.

“...Until there is a full investigation, it would be injudicious and improper for us to come to a conclusion on what has been raised,” Jamadar said, adding that it was not within the court’s province to undertake any investigation into the matter.

He put on record that he was notified at 7 pm on Saturday, that there were two appeals panels sitting and since the other was overburdened with over ten procedural appeals, he received the agreement of Smith and Jones, to preside over the State’s applications. Jamadar added that also on Saturday night, they received via email, drafts of the application and were notified that Mrs (Deborah) Peake, who appeared for the Commissioner of Valuations on Friday last, gave an undertaking that the appeal will be filed on Monday.

“I can say no more or less. The rest is for others to deal with,” Jamadar said. Jamadar added they did not know what the AG said in Parliament nor did it concern them, as he made it pellucidly clear, “nobody runs our court!”