Sharma may take court action

SOURCES said yesterday that two senior attorneys are preparing on behalf of Chief Justice (CJ) Sat Sharma to file for judicial review this week, challenging Prime Minister Patrick Manning over reported moves to remove Sharma from office. This is the latest development in the matter which began when complaints by the Attorney-General John Jeremie and Director of Public Prosecutions Geoffrey Henderson concerning the Chief Justice, were brought to the attention of the Prime Minister.

Filing for judicial review was seen by legal sources yesterday as an attempt to block further action by Manning who, according to the Constitution can call on President Maxwell Richards to set up a tribunal to investigate any allegation against the Chief Justice. Legal sources said if Manning had already tendered his advice to the President, the courts could not intervene. However, if the President had not yet been asked to appoint a tribunal, the courts could intervene.

One of the problems with the Chief Justice filing for judicial review would be the selection of a judge to hear the application. The Chief Justice would be reluctant to be the one to assign a judge to sit on his matter. On the other hand, it is known that there are judges who have their own difficulties with Sharma and in whom he may not have the greatest confidence. The issue swirling around the Chief Justice arose from complaints by DPP Henderson who after five meetings in December last with Sharma, wrote a six-page report. In that report, Henderson recounted discussions with the Chief Justice relative to a high profile matter now before the courts. Henderson reported that the suggestion was made to him that the charge was politically motivated. Henderson recounted that he was told that if an investigation was held, it could raise serious questions as to his (Henderson) suitability for the job of DPP.

His discussions with the Chief Justice, Henderson said, left him (Henderson) feeling “very concerned” and he decided to proceed with the prosecution of the court matter despite the CJ’s position. Under the Constitu-tion, a CJ can be removed if it is found that he is unable to perform the functions of office or if he is guilty of misbehaviour. A tribunal of three to hear any complaint is set up by the President acting on the advice of the Prime Minister. After considering the matter, the Tribunal makes its recommendation to the President.