Unlawful ceremony, says Law Body - AG: It was purely ceremonial

YESTERDAY’S swearing-in of members of  the Regional Judicial and Legal Service Commission in Port-of-Spain for the proposed Caribbean Court of Justice (CCJ) has been described as unlawful, according to the Council of the Law Association.

The Law Association said that the swearing-in should not have been performed in Trinidad because there is no legislation in TT which authorises this country’s Chief Justice Sat Sharma to swear-in members of the regional commission. Attorney General Glenda Morean was informed of the Law Association’s comments yesterday, but in a statement last night said the occasion was “purely ceremonial.” She explained that it was done based on the agreement establishing the CCJ. Trinidad and Tobago has signed and ratified the agreement which is binding on the contracting parties, including Trinidad and Tobago. The AG further explained that the agreement provides that members of the Regional Judicial and Legal Services Commission, with the exception of the President, shall be appointed by letter under the hand of the Head of the Judiciary of the contracting parties. The occasion therefore, she said, was purely ceremonial.

In a statement issued yesterday by Russell Martineau SC, Vice-President, the Law Association stated: “The Council of the Law Association is very concerned about the swearing-in of members of the Regional Judicial and Legal Service Commission for the Caribbean Court of Justice at this time. “The Council’s concern arises from the fact that, so far as it is aware, there is no legislation in Trinidad and Tobago that authorises the Chief Justice of Trinidad and Tobago to swear-in members of the Commission, or indeed, any legislation in Trinidad and Tobago which recognises the proposed existence of the Commission. “Accordingly, the Council is of the view that serious questions are raised as to the legitimacy of the exercise of swearing-in members today at least as so far as Trinidad and Tobago is concerned. It is only hoped that those who are responsible for the swearing-in have satisfied themselves that the swearing-in was authorised and legitimate. “It would be unfortunate if this is not so because great care should be taken in every step along the road to establish the Caribbean Court of Justice,” the statement added. Government is still to bring legislation to Parliament to deal with the CCJ which is to be inaugurated in Port-of-Spain in November.

When contacted last night, CJ Sharma said he was delegated by the other Chief Justices in the Caribbean to swear-in the members of the Commission. Sharma said it was up to the authorities to ensure that everything was in order and that they were satisfied that what he did yesterday was the right thing. “I was merely the conduit to effect the swearing-in,” CJ Sharma added. Former UNC Attorney General Ramesh Lawrence Maharaj said yesterday that  in order to establish the CCJ in its original and appellate jurisdiction, Parliament needed a specified majority.Maharaj said although the UNC found that the CCJ was a good idea, “we took the position that it should not be done without proper consultation and without the widest possible consensus from the population. Therefore, Trinidad and Tobago is not ready for this court.” The Opposition UNC also believes that TT is not ready for the CCJ. In a statement issued yesterday, the UNC said any attempt to remove the Privy Council as the final appellate court must be subject to extensive and wide ranging debate that involves all the peoples of TT. “The removal of the Privy Council constitutes a profound and fundamental rearrangement of the structure of our justice system and may have serious consequences which have to be considered and studied. There are serious consequences, for example, as regards fundamental human rights and the quality of our democracy.”