Trini-New Yorkers see prejudice in Chief Justice brouhaha

(Left to right) Basdeo Panday, Patrick Manning, Satnarine Sharma

NEW YORK, USA, July 28, 2006 - Racism is being pinpointed as a main culprit by some Trini-New Yorkers as the saga surrounding the twin island republic’s Chief Justice, Satnarine Sharma, rages on. And some are even questioning the potential impact on the Caribbean Court of Justice.

Both a sociology professor and non-government organization chairman are troubled by what they see as the ethnic undertones in the current crisis.

Trinidad-born Professor L. Trevor Grant, who teaches sociology, anthropology and social work at St. John’s University in New York, believes the latest debacle with the chief justice represents an orchestrated attempt by Prime Minister Patrick Manning “to silence all the opposition, especially the Indian opposition.”

Grant, the author of six books, laments that the “racial politics that has been allowed to fester for so long speaks poorly on the progress of Trinidad and Tobago.”

While he does not support tinkering with the judicial system as the chief justice is accused of doing, Grant says the situation has now become tantamount to “political division and tribalism.”

Chairman of the NGO Hawks International, Desmond Chase, says polarization has been on the rise in Trinidad and Tobago ever since Basdeo Panday became prime minister.

However unlike Grant, he says, “It is not right for every issue to be turned into a racial issue by the Indians.”

He is critical of the chief justice’s actions over the allegations to date. “If you are accused, whether rightfully or wrongfully, it is your business to guard your integrity and you do not do this by creating a shield or brining the whole political system into the fray,” said Chase.

Public Relations Officer of the Trinidad and Tobago Independence Celebrations, Hazra Ali, laments the sad state of affairs saying, “It serves to undermine people’s confidence in the whole judicial system.”

She questions whether the chief justice is in fact guilty of the charges leveled against him saying it could be a “Machiavellian tactic,” much like what she claimed was used to remove Basdeo Panday as opposition leader.

“God forbid he’s innocent, democracy will be under attack,” said Ali. She is also concerned about the implications for the future of the judicial system.

“It’s scary when you’re entering a phase where you’re trying to make the highest (regional) court something local. It makes you afraid to remove the independent mind of the British,” she added.

Her concern for the future is shared by businessman, Deo Gosine, who is appealing for sanity to prevail. He also wants Trinidadians to embrace their diversity as strength and not allow it to be a divisive tool.

Gosine acknowledges that the issue has the potential to shake the foundation of the Caribbean Court of Justice. “The entire judicial process will be tainted…when this is over and done with, a lot of careers will be ruined,” he opined.

Refusing to be drawn into what he regards as extensive “mud slinging,” Gosine says it is imperative not to let “politics interfere with the independence of the judicial system.”

Still the Trini-American, who engages in extensive philanthropy in his homeland, believes Trinidad and Tobago has a strong constitution and urges that due process be allowed to take its course.

Meanwhile, in Trinidad yesterday, Chief Justice Sharma’s lawyers set the stage for what could be a lengthy legal battle as they announced they would move their case to the London Privy Council if the T&T Court of Appeal lifted injunctions preventing the CJ from being arrested. The appeal of Judge’s Judith Jones’ rulings, blocking cops from arresting Sharma, is slated for today.

The move came as Sharma also called for the state to pay the legal fees he’s incurred to date to fight three lawsuits brought against him by the government. As the opposition, United National Congress, weighed in, by accusing President George Maxwell Richards of compromising his office by speaking out on the case this week. Richards on Tuesday night in an address to the nation, called for “urgent action” to resolve the issue after meeting with Sharma and PM Manning among others involved in the case.

Sharma on Wednesday announced he would step aside from hearing legal cases for now but will not resign. The complaints against Sharma date back to January of 2005, when both the Attorney General, John Jeremie and Director of Public Prosecutions, Geoffrey Henderson, filed formal complaints with PM Manning alleging that Chief Justice Sharma improperly and illegally sought to influence them to discontinue a murder charge against Sharma's friend, Prof Vijay Naraynsingh, who was charged with killing his wife. The complaints triggered Section 137 constitutional proceedings, which could lead to Sharma's removal from office.

In April 2005, Prime Minister Patrick Manning invoked Section 137 of the Constitution, by requesting T&T President, George Maxwell Richards, to appoint a tribunal to investigate whether the Chief Justice should be removed from office for misconduct. Before the President could have acted on Manning's advice, Sharma successfully filed an action in the High Court and blocked the appointment of the tribunal, claiming that the Prime Minister acted out of bias.

However, Sharma later found himself facing a similar allegation. In March 2006, the Chief Magistrate of T&T, Hon. Sherman McNicolls, filed a formal complaint with the Attorney General alleging that Sharma improperly and unlawfully instructed him to find Sharma's friend, Opposition Leader Basdeo Panday, not guilty on corruption charges, which were at the time sub judice before the Chief Magistrate. The Attorney General referred McNicolls' complaint to the Prime Minister and the Commissioner of Police.

After Sharma was advised of McNicolls' complaint by Prime Minister Manning, he again moved to the High Court and got a Judge to bar the Prime Minister from invoking Section 137 of the constitution in pursuance of Mc Nicholls' complaint.

Simultaneously, Assistant Commissioner of Police Wellington Virgil was tasked with commissioning a Police investigation into Sharma's alleged actions. The police investigation concluded that there was probably cause to charge Sharma with a crime and submitted its evidence to the deputy Director of Public Prosecution, Carla Brown-Antoine, for advice. She concurred with the police’s conclusions and allegedly directed that Sharma be charged with perverting the course of public justice.

As a result, Sharma again returned to the courts and got High Court Judge, Justice Judith Jones, to issue an injunction to preemptively restrain the Police from following the directive of the deputy DPP. Consequently, T&T Police Commissioner, Trevor Paul, ostensibly acting on the advice of independent Police Counsel, instructed that Sharma be charged. His officers then sought and obtained a warrant for Sharma's arrest. Media reports suggest that President George Maxwell Richard who was purportedly advised of the impending police action, allegedly notified Sharma as a courtesy.

The police commissioner subsequently issued a statement alleging that upon the execution of the arrest warrant, Sharma barricaded himself in his house and resisted arrest. He has denied it. Simultaneously, Justice of Appeal Stanley John summoned Assistant Commissioner of Police, Clive Reyes, to take a telephone call from Justice Jones, who was already on the line. According to the Commissioner, Justice Jones directed Reyes not to arrest Sharma, as she had modified her court order to restrain "Deputy PPP Brown-Antoine, Police Commissioner Paul and Assistant Commissioner Virgil, their agents or any police constable, or howsoever otherwise, from taking any action, steps or proceedings to institute or cause to be instituted or to continue criminal proceedings against Sharma."

She upheld that order on July 24th and the state subsequently appealed. (Hardbeatnews.com)

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