Magistrates under manners

CHIEF JUSTICE Sat Sharma has sent out warning letters to a number of magistrates who failed to attend a two-day anti-money laundering workshop at the Hall of Justice in Port-of-Spain last week. Sharma has even called on the magistrates to supply a written explanation ‘within a reasonable time’ for their absence from the workshop. One disgruntled magistrate contacted Sunday Newsday and complained about the letter which was sent to him. In the letters dated November 3, CJ Sharma wrote “I regard your absence from the workshop as a serious breach of your professional responsibility and I expect a written explanation from you within a reasonable time for your absence.” He continued, “It is my hope that in the future you will attend the judicial education programmes put on by the Judicial Education Institute so that I will not have the unpleasant task of taking the matter any further.”

The Judicial Education Institute, headed by the Chief Justice, was formed three years ago to conduct training sessions for judges and magistrates and to afford them the opportunity to get advice from legal experts from various jurisdictions. The Chief Justice invited magistrates to the anti-money laundering workshop at the Hall of Justice on November 1 and 2 to hear renowned English Queen’s Counsel Andrew Mitchell, who has been described as an expert in this area. But at least 50 percent of the magistrates failed to attend the workshop. CJ Sharma, in his letter, told the magistrates that the Judicial Education Institute went to extreme lengths to obtain the services of Andrew Mitchell for the workshop. “As a result of your absence, it is my respectful view that you have missed an opportunity to become familiar with, and knowledgeable in, this area of jurisprudence.”

Sunday Newsday learnt that the failure of the magistrates to attend the anti-money laundering workshop was “the icing on the cake.” Several magistrates have in the past failed and/or boycotted events under the auspices of the Chief Justice. A similar thing happened when the Chief Justice hosted a weekend retreat at the Tobago Hilton for magistrates. Sources revealed that at least half of them did not attend the retreat where thousands of dollars were spent by the Judiciary to facilitate the training sessions. All expenses were paid for the magistrates to attend the retreat. From time to time, the Judicial Institute hosted sessions with foreign facilitators at considerable expense to taxpayers. When contacted on Friday, CJ Sharma admitted he was having difficulty with some of the magistrates, but added that these matters were being seriously addressed. He also admitted that letters were sent out to the magistrates, but declined further comment. Chief Magistrate Sherman Mc Nicolls said he was aware that letters were sent out.

He said the Chief Justice, as head of the Judiciary, and chairman of the Judicial and Legal Service Commission, has addressed the matter as he saw fit. “Some magistrates have been delinquent in attending certain meetings,” Mc Nicolls added. The Magistracy has been a sore point since Sharma became Chief Justice in 2002. In three addresses to mark the annual opening of the law term, Sharma addressed the sad state of the magistracy, including poor conditions of buildings and the attitude of certain magistrates. One of the issues was the late arrival of magistrates in court. But Mc Nicolls said this has improved a lot. He said most magistrates are appearing in court on time. “Whenever magistrates are not there on time, it is either the clerk is late, or the prisoners are not yet in court. But the magistrates are in their chambers before nine o’clock,” the Chief Magistrate added. Efforts to contact President of the Magistrates’ Association Ramraj Harripersad were unsuccessful.