PORT-OF-SPAIN, Trinidad
(CMC):
Attorney-General John Jeremie has written to the Judicial and Legal Service Commission (JLSC) calling for an investigation into the actions of Court of Appeal Judge, Stanley John, during the attempt to arrest embattled Trinidad and Tobago Chief Justice Satnarine Sharma.
In a letter sent to the JLSC secretary Cheryll Hay, the Attorney General said he had been informed by Police Commissioner Trevor Paul that the arrest of the Chief Justice had been 'impeded' by certain persons including the Appeal Court judge.
In his letter, Jeremie said Justice John had presented himself at the home of the Chief Justice four minutes after the police arrived and that John directly intervened by asking the officers whether there was a problem, telling the officers of a court order preventing an arrest, and informing the Chief Justice of the situation.
DIRECTLY INTERVENED
Further, he said, the Court of Appeal judge directly intervened on behalf of the Chief Justice so as to prevent or impede the execution of the warrant for the arrest by undertaking to inform the Chief Justice, after officers indicated to him and the High Court Registrar that despite Justice Judith Jones's order, Sharma would be taken into custody.
The letter also outlines a number of other actions allegedly undertaken by Justice John during the attempt to arrest the Chief Justice on July 14.
"Justice of Appeal John's conduct in my view has served to undermine the integrity of, and public confidence, in the judicial system and as a consequence renders him unfit to perform the duties of his office," Jeremie said.
He said in the circumstances he was lodging a formal complaint of misbehaviour against Justice John arising out of his involvement in the events which ultimately frustrated the execution of the warrant.
In his letter, the Attorney General said he was willing "to furnish whatever assistance the Commission may require" in its investigation.
Jeremie has also called on the JLSC to probe a statement issued by the Judiciary over the weekend noting that there were "irrefutable and independent" evidence to contradict the statement.
In the unsigned statement issued on Sunday, the Judiciary claimed that attorney Russel Martineau and Registrar of the Court, Evelyn Peterson, were the persons who had made the calls from the home of the Chief Justice when the officers came to execute the arrest warrant.
The statement said that the two had placed the calls because "the police refused to accept the word of the Registrar to the effect that Justice Jones order had in fact varied that afternoon
"It was therefore necessary for Justice Jones to speak directly to the police. This direct communication was facilitated by the use of a land line at the Chief Justice's residence, as there were persistent failures in cell phone communication".
"At no time did either the Chief Justice or the Honourable Stanley John speak to Jones or in any way attempt to influence her. All communications with Justice Jones were exclusively and entirely for the purpose of clarifying what her orders were and this became necessary only because the police had refused to accept the word of the registrar."
But late on Monday, the Department of Court Administration issued a statement saying it had been directed by Sharma to correct the erroneous impression that "the statement which emanated from the office of the Chief Justice on Sunday, July 23, 2006, in relation to events which took place at his residence on Friday, July 14, 2006 was as a result of a collaborative agreement of the entire judiciary.
"Clearly in the circumstances this could not be so as they were not present," the statement said adding "the statement which was issued was done with the agreement of all parties who were present at the Chief Justice's residence on Friday July 14, 2006".
"The Chief Justice is of the view that he is under an obligation to protect the independence of the Judiciary and the integrity of the judges and on this occasion it was entirely warranted," Monday's statement added.
Sharma has been charged with perverting the course of public justice arising out of a complaint by Chief Magistrate Sherman Mc Nicolls that he tried to influence his decision in the trial of former prime minister Basdeo Panday earlier this year.
Panday was sentenced to six years imprisonment to run concurrently on three charges of failing to declare a London bank account he held with his wife Oma, during the years 1997, 1998 and 1999 while he served as Prime Minister.
Panday, 73, has appealed the verdict and his on TT$300,000 (U.S.$50,000) bail.
On Monday, Justice Jones maintained the injunction preventing the arrest of the Chief Justice.
