Insists he is still at ‘fact-finding’ stage

Speaking in measured tones before an attentive and packed Senate Chamber, Prime Minister Patrick Manning confirmed yesterday he was investigating reports against Chief Justice Sat Sharma with a view to his possible removal from office. “I shall not refrain from acting if the occasion demands,” he said. The Prime Minister pledged however to act fairly. “I shall condemn no one, mindful as I am of the solemnity and consequences of this process.” Manning’s statement to Parliament yesterday made official, what had been the subject of intense public discussion and media attention.

Manning said he was still at the “fact-finding phase,” giving no time frame on when he would make a decision to invoke his powers under the Constitution to appoint a Tribunal. “The Prime Minister must be slow to act and only after a thorough examination of the facts.” However, in an obvious reference to statements by Maha Sabha head Sat Maharaj, the Prime Minister promised swift action to contain any threat of violence. His Government would discharge “without fear or favour” its responsibility to preserve law and order, he said, adding: “We must deprecate in the strongest terms those who express views of intending gloom and plots, and who see ethnicity in every facet of activity.”

But Manning’s statement came after much fireworks from Opposition Senators Wade Mark and Robin Montano, who contended that under the Constitution, the Prime Minister could  not be allowed to make a statement in the Senate. Senate President Dr Linda Baboolal had a hard time restraining the senators, as she attempted to rule that in according with convention and practice, any minister could make a statement in Parliament. It was only when it became clear that the Independent Senators, who gave table-thumping support to Baboolal’s ruling, were just as keen as the members of the public to hear the Prime Minister, that the Opposition backed down, after much rowdiness and shouting.

As he gave his status report, Manning said  in mid-January both the Director of Public Prosecutions and the Attorney General sent him correspondence making serious allegations against the Chief Justice. He called in the CJ and provided him with copies. He then wrote him. He said he received two items from Sharma, one relating to the constitutionality of the provisions of the part of the Constitution relating to the matter and another responding to the DPP’s and AG’s allegations. Manning said that as a consequence of statements made in correspondence from the Chief Justice and the Director of Public Prosecutions indicating that in one of the meetings with the Chief Justice, former Director of Public Prosecutions and now High Court Judge, Mark Mohammed, was present, he (the PM) wrote Mohammed on Monday requesting his assistance in providing information.

Saying that he was being advised by “eminent senior counsel in Trinidad and Tobago and in due course the United Kingdom,” Manning outlined the constitutional process. He said once he is satisfied that the investigation should go further, he must refer the matter to the President who appoints the Tribunal of judges. Not to do so, would constitute a dereliction of duty, he stressed. He said if the Tribunal determined that the CJ should be removed from office, it would refer the matter to the Privy Council, which has the final authority to remove the Chief Justice from office. Manning dismissed reports that he had met any judges, saying “these inaccuracies are not helpful in what is already a delicate and sensitive matter.” Noting that these were challenging times, Manning said, “All of us would have preferred to let this cup pass. But Government is about ensuring that equality of opportunity and common fairness apply to all of us however powerful or weak we might seem to be.”