Judge to rule on self

The suit has been filed by attorney Anand Ramlogan, on behalf of housewife Geeta Ramdhan, who is a member of the Maha Sabha. The affidavit declares that the exemption of judges and magistrates "deprives the public of the protection of the Integrity Commission as a monitoring mechanism and independent audit, check and balance against corruption in public life."

This is an example of public interest litigation, which the Manning administration last year sought to limit through its Judicial Review Amendment Bill. Such litigation has become a useful tool for preventing the State and its agents from overstepping or abusing their authority, with Prime Minister Patrick Manning having felt the consequences on two occasions thus far. This latest suit will be especially interesting, since a judge will essentially have to rule on a matter involving him — or herself.

But, with judges and Independent Senators having applied for exemptions, and with the Government prepared to exempt the board members of State-run companies as well, the role and function of the Integrity Commission is being questioned as never before. Indeed, it is ironic — at least, we hope it is ironic — that this issue should have come to the fore at the same time that six government officials from two different regimes should be facing the courts on charges of fraud and corruption. At any rate, the Commission is now being seen in some quarters as both onerous and inadequate. The Independent Senators and some businessmen have highlighted, for example, the hard work required to fill out the assets form, citing this as a major disincentive to public service. Other commentators have suggested alternatives to the Integrity Commission. There have been calls to set up measures to facilitate whistleblowers, or to pass "unexplained riches legislation" that would allow investigations of anyone who seems to be living higher than their supposed incomes. Another suggestion has been to strengthen the Commission itself, by providing it with dedicated investigative personnel.

At this juncture in our history, we do think it would be useful to take an in-depth look at the Integrity Commission again. The corruption charges brought against government officials represent a significant development in Trinidad and Tobago’s political culture, and it would be tragedy if we were to falter now. So hard questions need to be asked of the Commission, including the competence of its members and whether the secrecy they function by helps or hinders the cause of integrity, and whether an alternative approach would be better. Such a debate would have one ultimate purpose — to develop a more effective means to detect and deal with corruption in public life.

Lastly, it must be noted that these questions assume added importance in light of the runway crime situation. This is because restoring a culture of law and order depends not only on catching common criminals, but also those wealthy and powerful persons whose transgressions do just as much as murder and kidnapping to undermine respect for law in our country.