CJ now blocks ACP Virgil

JUSTICE Judith Jones yesterday granted leave to attorneys for Chief Justice Sat Sharma, to challenge any moves by ACP Wellington Virgil to lay a charge against him (Sharma) for allegedly perverting the course of justice.

The granting of the leave puts a temporary stay on any intended criminal prosecution by both the Anti-Corruption Bureau and the Director of Public Prosecutions, against Sharma in relation to allegations made by Chief Magistrate Sherman Mc Nicolls.

Presiding in the San Fernando High Court, Jones, however, reserved decision to next Tuesday, on whether or not she will rescind the order she made on Monday in the Hall of Justice, Port-of-Spain, where she granted Sharma leave to challenge Deputy DPP Carla Brown-Antoine’s “advice” to Virgil to ‘charge’ the Chief Justice. Virgil is the investigating officer in the matters involving the office of the Chief Justice.

He sought advice from Brown-Antoine on the laying of charges against Sharma. In a letter to Virgil, the deputy DPP stated that she was satisfied that a charge was made out in common law.

Yesterday, however, legal arguments were submitted by attorney Douglas Mendes SC, as to why Jones should overturn her earlier ruling. Brown-Antoine’s letter to Virgil that a charge had been made out against the CJ, Mendes told Jones, was not tantamount to instructions to charge the Chief Justice. Mendes submitted there was no DPP decision for the court to review judicially.

He called on Jones to overturn the order. Mendes asked: “Did the deputy DPP advise or make a decision to initiate criminal proceedings? Virgil (ACP) merely sought advice and that was given.”

Objecting to the interpretation of the word “advice” being construed to mean that Brown-Antoine did not instruct Virgil to lay the charge, Sharma’s attorney Alvin Fitzpatrick SC, told Jones the deputy DPP was asked by Virgil to draft the charge. A draft charge was submitted, Fitzpatrick told the judge, “which demonstrated that criminal proceedings had been recommended.” There was, the senior counsel added, a decision for review.

Fitzpatrick told Jones yesterday that there was a real fear that criminal prosecution would be preferred against Sharma, by investigating officer Virgil. The attorney called on Jones to grant an application to have Virgil join as second party to the judicial review proceedings.

“There is a real fear,” Fitzpatrick said, “that something could happen.” Since the application was made ex parte, Mendes told Jones that he could not respond without instructions from Virgil.

Jones granted the leave which stated: “Leave granted, in treating the application for leave made against the deputy DPP, leave also be granted challenging the decision of ACP Virgil. Leave granted on grounds listed and a stay of all proceedings.”

The judge ordered that the amended application which named Virgil as a second party to the judicial review application, be filed and served by 4 pm today.