Emmanuel Akl
11 December 2006
The Chief Justice of the caribbean island of Trinidad and Tobago, Justice Satnarine Sharma has been arrested by the country's police and put before court for allegedly trying to pervert the course of public justice.
The police have accused the CJ of trying to influence a judge presiding over a magistrate court that is trying a former prime minister of the country, Mr. Pandy on three charges of knowing making false declarations contrary to the the laws of the country.
The court based at the national capital, Port-Of-Spain and presided over by Lianne Lee Kim did not take any plea from the CJ who reportedly surrendered himself to the police. He was however granted a $250,000 bail and ordered to appear again on January 5th next year for the continuation of the case.
According to the prosecution justice Sharma ordered the magistrate court trying the former prime minister for allegedly failing to disclose his London bank account what he should do.
He further ordered the judge to show him a copy of his ruling before delivering it in open court.
Information obtained from independent sources by this reporter who was among a group of journalists that went on a research tour of the country indicated that in much this year the former prime minister of the oil rich island, Mr. Basdeo Pandy went on trial for failing to declare his london bank account whilst in offive as prime minister.
Whilst this trial was going on, the judge presiding over the case, went and reported to the attorney general that the CJ attempted to influence him by directing him what he should do with the case including an order for him to show he (CJ) a copy of his written ruling before delivering it. From there the judge went to the prime minister, Mr. Patrick Manning and made similar report to him.
Based on this allegation made by the judge both the attorney general and the prime minister met the CJ and confronted him with what his subordinate had told them.
The two reportedly urged the CJ to resign from his post or be made to face criminal prosecution. The CJ refused the request to resign leading to him being reported to the police.
The government also began imbeachment proceedings against the CJ in accordance with section 137 of the country's constitution. The court hearing the impeachment case ruled that an offence has been established that the CJ indeed attempted to influence the judge who reported him to both the prime minsiter and the attorney general. The court then issued a bench warrant for the arrest of the CJ and subsequeent prosecution.
But before the warrant of arrest could be executed the CJ also went to another court and succeeded in obtaining an injuction against his arrest order.
The court also granted the CJ the right to judicial review for his arrest. The appeal for judicial however failed at the court of appeal which also quashed the earlier ruling by the lower court against the arrest of the CJ.
Not satisfied the CJ appealed to the Privy Council in London where he again lost. The Privy Council based in London is the Supreme Court for all the caribbean countries that were colonized by the British. The Council also ordered the CJ to appear before a lower court for criminal procedings against him.
The CJ had earlier accused the judge who reported him to the prime minister and the AG of having a conflict of interest while he heard the case against the former prime minister because he was involved in a land deal but the accusation was turned as invalid after investigation.
Meanwhile the opposition United National Congress (UNC) a party dominated by the Indian ethnic group which the CJ comes from has accused the ruling PNM party, which is also dominated by the black Africans of compromising on the independence of the judiciary in the country.
In a statement issued by the party they quoted a section of the Privy Council ruling which they say confirm public perception about the way the government was treating the judiciary.
The local media quoted the CJ as saying that he was not prepared to resign from his post saying his trial was politically motivated.
The attorney general had also indicated that the CJ would receive all the emoluments entitled to him unless he was found guilty after the trial. Anyone facing is presumed innocent unless proved otherwise, he was quoted as saying.
Voting in this caribbean island of 1.3million people are based strictly on racial lines. The black Africans who are the descendants of the free slaves vote for the PNM party whilst the Indians who were brought in as indenture workers after the abolition of the slave trade also vote for the opposition UNC.
The CJ, Justice Satnarine Sharma was born on January 24, 1943.He was appointed the CJ of Trinidad and Tobago on July 10th 2002.
He is scheduled to retire from office in 2008. He was also called to the bar in England in 1966 and entered into private practice in island in 1969. He had also served as a hight court judge. He is currently on suspension pending the determination of the criminal proceedings against him.
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