GAFOOR TAKES ON SHARMA

THE EIGHT-MONTH long battle between the Chief Justice and the Chairman of the Tax Appeal Board continues with Chairman Anthony Gafoor telling CJ Sat Sharma, “you write to me, not your acting Administrative Secretary.” Gafoor has also brushed aside a letter sent to him on behalf of the Chief Justice demanding that the board vacate the Hall of Justice by February 20. He said he could not give an undertaking that the board will be out of the Hall of Justice by this date. Gafoor said the Chief Justice should address his concerns to the Ministry of the Attorney General, and not him.

This is the latest in the battle between Chief Justice Sat Sharma and Gafoor, who heads the Tax Appeal Court which was forced to close its doors on January 13 because of the threat to put the court and staff out of the Hall of Justice. The Chief Justice wants the board out of the Hall of Justice to make way for more chambers for the additional temporary judges appointed. This matter was first raised in June 2005, and a formal notice was sent requesting the board to leave the Hall of Justice by September 1, 2005. However, Gafoor has been resisting the move until Government finds a suitable venue for the court which has been at the Hall of Justice for the past three decades.

By letter dated February 7, Michelle Austin, the acting administrative secretary to the Chief Justice, wrote to Gafoor, stating in part, “please be informed, therefore, that if the board does not vacate the premises it currently occupies on the second floor of the Hall of Justice on or before February 20, 2006, such further steps as may be advised shall be taken to secure possession of (the) said premises.” In her letter, Austin also stated, “I am instructed by the Honourable, the Chief Justice, to point out that the Judiciary has been extremely patient and tolerant over the years in allowing the board to continue to occupy the premises in spite of the Supreme Court’s urgent need for the space. Unfortunately, given the dire circumstance with which the Judiciary is now faced, the Honourable, the Chief Justice has determined that this indulgence can no longer be afforded.”

By letter dated February 8, Gafoor replied to Austin saying that despite various meetings with the Attorney General, his Permanent Secretary and officials of the ministry, no suitable premises have formally been offered to the court for it to be relocated. Gafoor added, “We have therefore been left in a position of having been requested to move with no proper accommodation, either in the short or long-term basis being offered us by the Government.” He continued, “The Board has always taken the position that it is prepared to vacate the Hall of Justice provided suitable alternate accommodation is made available to it.” Gafoor insisted that Government is responsible for relocating the board to suitable and appropriate alternative accommodation. Gafoor said the board has continued to make every effort to find alternate accommodation including the Ministry of Tourism building on Frederick Street, Port-of-Spain.