RAMESH:

Former Attorney General Ramesh Lawrence Maharaj SC who heard about the CJ’s application for an injunction yesterday to stop the reported criminal process against him, said that in all his years in the bar, he has never heard about an application to stop the filing of charges against anyone. But in the case of the Chief Justice, Maharaj said Sharma was right to challenge the criminal process.

“I am of the view that the Chief Justice was totally justified in approaching the court to prevent the clear abuse of power.

The Constitution provides an entrenched mechanism for dealing with any alleged misconduct of the Chief Justice in the performance of his office.”

Although he has not heard of any previous challenges, Maharaj said the remedy has always been available. He said in the case of the Chief Justice, Sharma could have gone by way of a constitutional motion or under the Judicial Review Act.

“They can go by way of these to preserve the status quo and prevent the charge or arrest of a person where the aggrieved can present a strong arguable case,” Maharaj added. However other legal experts strongly disagreed with Maharaj. “A fundamental principle is that no one is above the law,” a senior counsel said. “Our Constitution guarantees equality of treatment and this goes back centuries.” Another legal expert described the granting of the injunction as unprecedented. “I have never heard of it before,” he said. “You can’t stop a criminal process, by going to court for an injunction.”

A retired judge told Newsday that the State could now move to vacate the injunction granted by Jones.

Director of public Prosecutions (DPP) Geoffrey Henderson was unavailable for comment, and the officer dealing with the Chief Justice probe, Deputy DPP Carla Brown-Antoine was reported to be on vacation.