Expert: CJ must step down

The views of McIntosh, who is Dean of the Faculty of Law of the University of the West Indies at Cave Hill in Barbados, were reported by Caribbean Media Corporation (CMC) on Wednesday.

Sharma is fighting moves to impeach him under section 137 of the Constitution for allegedly interfering in the murder case of Dr Vijay Naraynsingh, and moves to arrest him for allegedly interfering in Basdeo Panday trial for not declaring a $10 million London bank account.

Apparently distinguishing between the two issues, McIntosh said that while the Constitution provides for a CJ’s removal under certain conditions, Sharma should step aside until the matters have been dealt with in the court. This was the only judicious option open to Sharma, said McIntosh.

“Criminal charges have been laid and the Chief Justice has the right and the opportunity to defend himself. However, it is inconceivable that he should continue presiding as Chief Justice while he is also fighting criminal charges laid against him.”

McIntosh said that if he were the Chief Justice, he would not have waited for any other officer of the State, whether it is the Prime Minister or the President or whomever the constitution says should remove a Chief Justice.

“I would step down until such time that this criminal matter has been decided,” said Mc Intosh, an expert in jurisprudence and constitutional theory.

Meanwhile, McIntosh, a staunch advocate of the Trinidad-based Caribbean Court of Justice (CCJ), said the ongoing legal battles in Trinidad could shake the public’s confidence in the CCJ.

“It is an indictment on the CCJ which it doesn’t deserve, so it is rather unfortunate,” he told CMC.

Norman Manley Law School (Jamaica) principal, Keith Sobion, said the question of whether the CJ should stay in office was left up to Sharma’s personal judgement. Sobion, who served as Trinidad and Tobago’s attorney general in a former PNM government, said there is nothing in the Constitution or the law that mandates that the CJ must resign because criminal charges have been laid against him and because a tribunal might investigate his suitability for office. But speaking in measured tones, Sobion remarked, “It is a question of a proper convention and proper protocol of a person in that position with respect to the particular circumstances. There is a lot of controversy and loss of confidence in the minds of the public surrounding this issue.” Sobion said it all comes down to a personal decision of the CJ on law, protocol and convention, and what he thinks is best for the country, but added, “I think the institution of the judiciary is suffering. It is one of the most critical institutions.”

Sobion also said that apart from “a lot of fancy footwork by lawyers,” a vital issue was being missed.

“The real issue only goes forward if the judicial review action goes forward. The Chief Justice alleges discrimination but he must now give his evidence and let the State respond to say that is not so. Those matters should be heard as a matter of urgency and not wait until September.” He said that just as the British Privy Council sits in the summer vacation, so too should our High Court. “The Attorney General should apply to the court for an early hearing of these matters.” Sobion said the controversy over the CJ is disrupting the functioning of the court and putting judges integrity at risk.

“We can’t just leave this matter hanging around indefinitely,” he said.

“The rules of court provide for urgent hearings during the court vacation. This case should be given precedence over every other court matter until this matter is resolved.”