CJ: No one speaks for the Judiciary

WITH a possible crisis looming between the Executive and the Judiciary over the relocating of the Port-of-Spain Magistrates’ Court, Chief Justice Sat Sharma said last night that there is no one to speak for the Judiciary.

Sharma said the Attorney General (a political appointee) is the conduit between the Executive and the Judiciary. “But with a conflict of interest looming over this matter, who is really going to stand up for the judiciary in the Cabinet? There is no one to speak for the Judiciary...we stand alone,” the Chief Justice added. Sharma said the announcement by the Prime Minister yesterday that the Port-of-Spain Magistrates’ Court may be relocated to the old Trinidad House building, made the situation worse.

When Dr Lenny Saith first announced that the Government was moving Parliament from the Red House to the block housing the lower courts, he found there was a discourtesy, that no consultation had taken place to inform the Judiciary of the move. “Now, the executive has gone ahead again, and announced that the courts will be moving to Trinidad House. Again....no courtesy, no consultation,” he added. Sharma continued, “If they (the executive) had consulted the Judiciary and disagreed with our comments or recommendations, then the decision is theirs to make. I am aware of the mighty powers of the executive, but there has been no consultation. “They are moving the courts from Point A to Point B...a fait accompli, I have no say, it would seem.”

The Chief Justice added, “I am not central or pivotal to the decision-making process. Where a party is going to be affected by a decision, the party making the decision must consult with that party who is going to be affected. But they have ignored the Chief Justice, who is in charge of the administration of justice.” Sharma agreed that the decision is one for the Government to make, but at least, they had a duty to consult. “It is a fundamental principle in law. I recognise that it is not mine to make, but hear my views, even if you are going to reject them.” Sharma said with this conflict of interest taking place, it has become even more important for the executive to consult with the judiciary over this matter. Sharma said that since the announcement on February 27, no one has consulted or met with him.

Government has spent more than $38 million to refurbish the old Magistrates’ Court building and to erect a new wing for the magistracy. That new wing is yet to be opened as there was a rift between the then Attorney General and the former Chief Justice over this building. Attorney General Glenda Morean-Phillip, during a tour of the new wing last month, indicated that it will be ready for occupation soon. Government will have to spend millions more to refurbish the Trinidad House building to accommodate the courts.