CJ blocks charges

CHIEF Justice Satnarine Sharma was yesterday granted an injunction to stay criminal charges, which were reportedly expected to be laid against him yesterday for his alleged interference in the outcome of the case involving former Opposition Leader Basdeo Panday for failing to declare his London bank account.

In an ex parte hearing before Justice Judith Jones at the Port-of-Spain High Court yesterday, attorneys for the CJ argued in support of the interim relief to stay the proceedings against the CJ. The injunction was granted pending the outcome of a judicial review hearing.

According to attorney Alvin Fitzpatrick SC, the decision to prosecute by Director of Public Prosecutions Geoffrey Henderson was one that was politically influenced. He said the independence of the judiciary was guaranteed under Section 137 of the Constitution, adding that judges could not be suspended or revoked other than by the provisions outlined there.

Fitzpatrick said subsequent to Prime Minister Patrick Manning instructing Sharma to resign or face criminal proceedings, he had referred the matter regarding the removal of the CJ to the President and had forwarded the file to the Attorney General with instructions “to take such action as was deemed fit.” This, Fitzpatrick said, was done before Manning had prima facie evidence regarding the matter.

The attorney said this decision to circumvent the provisions of Section 137 was based on a desire to “satisfy the Prime Minister’s impatience with the Constitution’s provision for removal,” and any attempt to circumvent it by executives at any level was in contravention of the law. This amounted to abuse of process, he said.

Fitzpatrick said the allegations by Chief Magis-trate Sherman Mc Nicolls were a decoy to avoid investigation into a land transaction conducted by Mc Nicolls. He said Attorney General John Jeremie took it upon himself to investigate the land matter and exonerated Mc Nicolls in due course.

Mc Nicolls had alleged that Sharma had asked him to rule in favour of Panday, who was then on trial before the Chief Magistrate for knowingly failing to declare a London bank account to the Integrity Commission.

The attorneys were given until 4 pm today to file for judicial review and noon tomorrow for the application to be served. A case management conference was fixed for July 21. Attorneys Rajiv Persad, Adrian Byrne and Ravi Hefes Doon appeared with Fitzpatrick for Sharma.