Very hectic 2005 for Judiciary

WHAT a year it has been for the Judiciary! From the look of things, 2006 could be more hectic. With the Judiciary struggling to get more judges, comes the news that a Kidnapping Court is to be established to deal with the increase in kidnappings (if we can catch the kidnappers). There were many high profile cases in 2005. The most important event within the Judiciary for 2005 was the attempt to impeach Chief Justice Sat Sharma over his alleged interference/involvement over the laying of a murder charge against prominent vascular surgeon Professor Dr Vijay Naraynsingh. This started towards the end of 2004 just before the police charged Dr Naraynsingh with the murder of his second wife Dr Chandra Naraynsingh who was shot to death outside the Langmore Health Foundation at Palmyra on June 29, 1994.

In January Prime Minister Patrick Manning received a report from Attorney General John Jeremie concerning the alleged interference by the Chief Justice. Manning decided that the best way to deal with the matter was to call on the President to appoint a three-member tribunal to investigate the Chief Justice’s conduct. But Sharma struck back and filed an application for judicial review to challenge the decision of the Prime Minister to report the matter to the President. The application also blocked the appointment of the tribunal pending the hearing and determination of the judicial review case. Sharma continued to perform his functions throughout the year, including opening the 2005-2006 law term in September. His case was called on several occasions, but it is yet to begin before Justice Carlton Best. In March, Dr Naraynsingh was freed of murder by Deputy Chief Magistrate Mark Wellington who upheld a no-case submission by lead defence attorney Karl Hudson-Phillips QC. But his third wife Seeromani and businessman Elton Ramasir were committed to stand trial which begins on January 3 before Justice Herbert Volney.

The year kicked off in grand style with the trial of Jamaat Al Muslimeen leader Yasin Abu Bakr on two counts of conspiracy to murder. He was before Justice Mark Mohammed in the Port-of-Spain Third Criminal Court charged with conspiring with others to murder expelled Jamaat members Salim Rasheed and Zaki Aubidah. After ten weeks of trial, the nine-member jury failed to reach a verdict and a re-trial was ordered. Before the re-trial was listed, Bakr was back in court again. Following statements he made at EID celebrations at the Mucurapo Mosque on November 4, Bakr was charged with sedition, incitement and terrorism. He was also charged with possession of a high-powered rifle and more than 500 rounds of ammunition which the police claimed they found at Mucurapo when Bakr was in custody. The State closed its case last week and the defence plans to make a no-case submission when hearing resumes tomorrow.

Earlier this year, former Prime Minister Basdeo Panday was slapped with another criminal charge. This time, he was charged with his wife Oma with corruptly receiving 25,000 pounds sterling from former Government Minister Carlos John and businessman Ishwar Galbaransingh. John and Galbaransingh were also charged with corruptly giving the money to Panday and his wife. When he was first charged, Panday refused to accept bail and stayed at the Maximum Security Prison for one week. On the issue of corruption, three American businessmen charged with others in connection with the $1.6 billion Piarco Airport Terminal building project, were finally rounded up. Eduardo Hillman-Waller was arrested on a provisional warrant by US authorities at Miami International Airport in August. He eventually agreed to surrender to the TT authorities and was escorted to Trinidad by a member of the Anti-Corruption Bureau.

Raul Gutierrez and Ronald Birk later surrendered and they were all released on $2.5 million bail. During the last year, the State made a serious blunder when they attempted to execute convicted killer Lester Pitman while his appeal was pending before the Judicial Committee of the Privy Council. Pitman and Daniel Agard were sentenced to death by Justice Herbert Volney in the Port-of-Spain High Court on July 14, 2004, for the murders of Maggie Lee, Lynette Pearson, and John Cropper on December 11, 2001 at Second Avenue, Cascade. They appealed and the Court of Appeal dismissed Pitman’s appeal on April 15 this year. The court ordered a re-trial for Agard. On April 22, Pitman’s lawyer Wayne Sturge filed a notice in the Court of Appeal stating that his client “intends to apply to the Judicial Committee of the Privy Council for special leave to appeal against the judgment of the Court of Appeal dated  April 15, 2005.”

Despite the notice in the Court of Appeal, the Advisory Committee on the Power of Pardon, headed by the Minister of National Security, considered Pitman’s case and found no reason that mercy could be exercised on him. The Minister advised President George Maxwell Richards in accordance with Section 89 (2) of the Constitution that the sentence of death should be carried out and that Pitman be executed. The death warrant, having been signed by the President, was returned to the Ministry of National Security which then forwarded it to the Commissioner of Prisons John Rougier. The death warrant was read to Pitman on June 8 for his execution five days later. However, Pitman’s lawyers intervened and succeeded in getting the High Court to stop the hanging. In their defence, the State said checks were carried out in the Court of Appeal and they found no notice of appeal by the prisoner, hence the reason they moved to carry out the execution.

On the issue of the death penalty, it has been a bitter-sweet year for the office of the Director of Public Prosecutions. During the entire year, the DPP succeeded in getting just four murder convictions, including two wife killers. The majority of murder cases has gone down the drain, mostly through poor police investigations and the unwillingness of witnesses to testify. Persons charged with murder walked free, either through a jury’s verdict or a judge’s decision. Inexperience in the DPP’s office was also blamed for some of the acquittals. It was no surprise that the State hired help from outside for certain high profile cases. In the Privy Council, 17 cases were completed during the year. One of those involved the libel case brought by former CCN Chairman Ken Gordon against Basdeo Panday. The Law Lords, on October 5, ordered Panday to pay $300,000 in damages along with costs which would be substantial.

During the year, the Privy Council delivered two important judgments which saw attorney Jagdeo Singh and Deochan Ramdhanie walking to freedom. Singh was convicted of corruptly receiving $40,000 and was jailed for seven years. He won his appeal after the Law Lords found that the trial judge did not put his good character to the jury. No re-trial was ordered as Singh had already served five years. Ramdhanie walked free on December 15 after his appeal was successful. He was convicted in 1997 along with his father Mantoor, Patrick Toolsie and Ken Gresham for trafficking ten kilos of cocaine in Point Fortin. Apart from the convictions, the court ordered that $5.7 million be confiscated under the Dangerous Drugs Act 1991. Mantoor died in July 2003. The Privy Council quashed the convictions, mainly on the ground that the prosecutor’s closing speech was prejudicial. No re-trial was ordered as the men had spent nine years in prison. The court also ordered that the confiscated money be returned to the men.

The Privy Council continues to be our final court. But the Caribbean came together and formed the Caribbean Court of Justice (CCJ). Former TT Chief Justice Michael de la Bastide became the first President of the CCJ. The seat of the court was established in Port-of-Spain. A grand affair took place at Queen’s Hall on April 16. The CCJ was up and running and the Privy Council was going under. But all but two of the Caribbean countries approved the CCJ. Barbados and Guyana were fully on board. The rest of the Caribbean had to settle their affairs internally before they can accept the CCJ. One of these countries is Trinidad and Tobago which is yet to debate the matter in Parliament.
The old Winsure building on Richmond Street was refurbished for the court. But it was found to be inadequate so another building was located on upper Henry Street. In the meantime, the court had to sit in cramped conditions at the UTC building on Independence Square. Since its establishment, the CCJ heard one matter from Barbados and delivered judgment.