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Removal Disguised as Suspension?
By Anand Ramlogan – 2007-06-23
The suspension of CJ Sharma was effected pursuant to section 137 (4) of the constitution. This section authorizes or triggers the power of suspension in circumstances ‘where the question of removing a judge has been referred to a tribunal’.
It is submitted that the reference contemplated by section 137 (4) is to an effective tribunal that is ready and able to perform its function and commence its enquiry forthwith. It is a necessary constitutional implication that the administrative arrangements and infrastructural support required to enable the tribunal to perform its function and commence its enquiry without delay should be put in place either before or immediately after the appointment of the tribunal and/or the suspension of the CJ.
The tribunal comprising Lord Mustill, Sir Vincent and Mr Morrisson was appointed on May 18th 2007. Over one (1) month has elapsed since its appointment and to date no steps have been taken to ‘operationalise’ the tribunal so that it can commence its enquiry.
Is the government not guilty of unreasonable delay in the performance its duties in relation to providing the tribunal with the necessary administrative and other resources that are required to enable the commencement of this enquiry?
1. Among the several matters that must be attended to before this enquiry could commence are:
Payment of the agreed remuneration for the persons appointed to serve on the tribunal;
Co-ordination of the diaries of three busy tribunal members who would no doubt have other important commitments to determine when they can sit together as a tribunal.
The appointment of a secretariat and/or the necessary administrative support staff to service the needs of the tribunal;
The appointment of at least 2 CAT (Computer Aided Transcript) reporters to record evidence at the hearing;
The appointment of independent (overseas) Counsel to advise the tribunal;
The provision of funds to the CJ to enable him to retain the services of Attorneys to represent him at the enquiry;
The identification of an appropriate venue for the commencement of the hearing of this enquiry;
The making of rules and/or procedures by the tribunal to inform the parties about how the enquiry would be conducted and the relevant rules and procedures;
The announcement of whether the tribunal will sit in open court or in private so that members of the medial and the public can know whether they would have access to the hearing;
The drafting of a time table with deadlines for the commencement, completion and reporting of the tribunal.
CJ Sharma must retire in January, 2008. Was he effectively terminated or constructively and summarily dismissed without a hearing under the guise of suspension?
Delay is clearly being used as part of the political strategy and tactic of the government to manipulate the procedure for the removal. Did/Does the government ever intend to give the CJ the opportunity to defend himself against the allegation that there is cause for his removal in a reasonable and timely manner that would ensure his reinstatement in the event the tribunal rules in his favour?
The imminent retirement of the CJ makes it imperative that the Executive acts with greater dispatch and a sense in urgency in the establishment of an effective tribunal that is ready and able to commence sitting. The foot-dragging thus far simply underscores the ulterior political intent of the government in this matter.
The suspension of the CJ is, in the circumstances, contrary to the express purpose, spirit and intent of the doctrine of separation of powers, the independence of the judiciary as an organ of the State, the entrenched security tenure for judges and the limited grounds for their removal from office in accordance with the procedure set out in the constitution.
The procedure for removal was meant to be a safeguard against abuse of power and attempts by the Executive to compromise or interfere with the independence of the judiciary. This procedure has been and continues to be manipulated by the executive in a manner that undermines and/or removes the very procedural safeguards that were meant to protect the independence of the judiciary and the public’s right to an independent judiciary. It would be serious and irreparable fracture of the Constitution if the CJ has been forced out of office under the guise of a suspension that bears a Presidential stamp of approval.
See: letters attached
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Unlike the ballad from Phil Collins, Chief Justice Sat Sharma is in a battle to save his reputation, his sterling career floundering in the last stages prior to his retirement. Like a punch-drunk boxer he is on the ropes, battered from every angle, with body shots, head shots and no one seems to be supporting him... even the referee has come out openly to support the opponent. From the looks of it, he is definitely battling against the odds.
The opponent utilises delay tactics to maximum, and to devastating effect - like in the Maha Sabha radio licence case, the Prime Minister has recommended the suspension of the CJ and the President has done so, but neither has made a move to get the tribunal going. Delays, delays. Are they hoping the retirement of theCJ will come before the outcome of the tribunal?
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To top it all off, the Chief Magistrate, instigator of all this mischief after having been caught by the Chief Justice in a suspicious land deal with a witness in a trial he was found to be biased in (Panday's) is sitting sweet, laughing kyeh, kyeh, kyeh. Monkey Island Justice indeed.
There now appears something deeply ingrained in this matter. It goes beyond Shermie and a crooked land deal, or having a washed up Panday routed at the polls.
Me thinks removing the CJ might be the next step in adopting the new 'constitution' and the move to a dictatorship. My curiousity is how many see this coming and what role do Hamel-Smith et al play in this mess?
Jumbie, you are so right. It is quite possible that removing the CJ is a step towards a dictatorship.
The other step was the JLSC and others coming to a 'barking mad' conclusion that the Chief Magistrate should remain untouched and thereby be allowed as a 'credible' witness before the supposed impeachment - the one the Chief Magistrate himself foresaw by several months as if he was in a time-warp. In fact he foresaw the impeachment before the Prime Minister and the President. How you like that? Dat man good eh boy?
Well if there is no conspiracy there, what is it that smells so foul in all of this?
Chandresh Sharma is fighting hard along with others for democracy. What are you John Public doing for democracy? You think Mr Sharma will win this fight on his own? This is not Mr Sharma's fight. This is yours. You really want to put money on it that there will be no dictatorship within the next 3 years.
It is very sad that the people of T&T are watching on transfixed, as the foundations of democracy are eroded. In a sense the impotence of the electorate is what will allow a dictatorship. "Whuh we go do?" Hear what, ask me that after the dictatorship comes to you.
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Only one problem though. During the course of the trial, a witness (in the same trial) sold some land to the Shermie at a massive discount under the market value. Shermie then profited by several million dollars. When caught by the Chief Justice and questioned, Shermie then ran bleating to the Attorney General and 'took in front'; he complained that the CJ tried to influence the outcome of the trial. Needless to say, Shermie threw the book at the poor defendant, the former Prime Minister and then Opposition leader Basdeo Panday. A full two years in prison for failing to declare a bank account he had. Suffice to say, poor Panday was the only one charged, despite over 200 persons failing to declare their assets, including several prominent members of the ruling PNM.
Of course, the bleating took effect. No one bothered to follow up the money trail that Shermie laid down when he pocketed a nice little profit (he later claimed the land deal made him suspicious and sold the land back to the witness, at more than he paid so he pocketed some $1.3M, if memory serves me right). Nope, the AG along with the PM then went to prosecute the Chief Justice alone, and they are supported by the Judicial and Legal Services Commission the body responsible for all these 'intellectual morons'.
What a load of crap!
None of his (Shermie's) arguments make sense. He says he cannot be a party to parallel proceedings against the CJ according to the Privy Council ruling yet at the time he made his decision there was no intention of an impeachment tribunal. Instead the only action - a criminal trial - collapsed because Shermie was afraid to be cross examined in open court. Subsequently though, the AG and PM initiated an impeachment procedure (to protect Shermie's arse no doubt) and suspended the CJ. (In fact, Pa-trick even went to court to prevent himself from being called to the witness stand to answer questions about why he chose to impeach the CJ).
Now the actions of the AG is deemed questionable (and by extension those of the PM Pa-trick and present Acting AG Hamel-Smith).
As advisor to the PM (and government) the AG's role is larger than first glance reveals. How deep this conspiracy goes is any one's guess. I myself would not disbelieve the extent of the rot, if all is ever revealed. There is more to this situation than meets the eye.
This entire situation is so sickening, it is a pain to even think about it. But the longer, we the majority of the population, stay quiet, the more they get away with creating a dictatorship state. And then, we can only blame ourselves for silently accepting our fate.
Let us all unite and contribute money towards the CJ legal expenses. I would love to make my contribution U.S dollars
Fl resident.
Kudos to Cindy for holding the President's feet to the fire, making him responsible and accountable to the office he holds and to the citizens of the country. Where is the disrespect here? With all due respect, it smacks of arrogance by the president, as if to say that his actions should never be questioned by anyone, and that he should be afforded the unfettered lattitude to do as he pleases and when he feels up to it, despite what or who is being affected by his actions or inactions in this case. It highlights the fact that Presidents should not be appointed but "elected" by the people, so that they are not immune to removal from office if the people decide its in their best interest to do so.Remember, they did it to Richard Nixon, thats what true democracy is all about!Not extreme disrespect by our Appointed holders of High Office.Good Luck Cindy, keep at it, you have done yourself and the people of your country proud, hold them accountable.We definitely need more of your kind with the courage,integrity and passion for Fairness and Equity.Remember Gandhi said "Be the change you want to see in the world." Only then it will get done!Bravo and Good Luck too!
The anonymous contributor is surely afraid to make such a post as a registered supporter of this site - and to state more clearly that there is objective reason to believe the President has acted in an arrogant way. Evidence of this fear is seen in crap words like "with all due respect...smacks of arrogance..as if to say..." - Oh puhleese!
Arrogance is arrogance wherever you find it. President or no president. We never had such arrogant remarks even from the Queen in England.
Is he above the eyes of the man in the street? What law says that we can't think what we think? And in a truly free and democratic society you should be free to comment on the actions of even the President as it appears.
But in Trinidad & Tobago you have to 'fraid you get a nasty visit - perhaps by the police or that they arrest yuh ass like dey did Inshan Ali - or some drug dealers happen to pick on you and yuh family to shoot up allyuh backside. Daize the kinda Nation allyuh love - eh? I remember a voice bawling "Wee love you...you are our children" from family day meeting, somebody in red T-shirt, waving hands arong (around if yuh blasted prim and proper English).
An average reasonable person looking at the whole matter would conclude on balance of probabilities that the president's statement on 'extreme disrespect' was arrogant.
"Disrepect" of whom, what, what principle? Whuh he talkin' bout? Was that kind of riposte warranted by the nature and content of Cindy's letter? Absolutley not.
The president has tarnished his own reputation and office by making such a statement in such a tone. He could have said something like
"Dear Ms Bhagwandeen,
I am deeply concerned by the matters you have raised and I want to express my sincere appreciation for bringing them to my notice.
I will consider these matters with the urgency they deserve and make a considered response. It may be difficult for me to make the 36 hour deadline but I do hope you will appreciate that I will need to seek learned and expert advice in making a response.
George Maxwell Richards"
You are so right Captain Walker, but under the current regime, we now all live in a "fantasy democracy", where we can say what we want, when we want, about who we want and have no fear, right? We have the freedom of speech, freedom of movement(only inside your own house please) try not to get beaten and robbed, see today's express, freedom to travel- not to some select places, don't go jogging, you could get kidnapped and even killed, but you're free to do so if you want (and not after dark please) freedom to eat - (if you can afford it) and so the list of freedoms go on and on ad infinitum, all offered by the current regime, no charge, free! I believe you kinda get the hint!
The point is however, the letter to the President achieved the desired effect, and today I read his counsel was appointed, and the AG said that the Tribunal will be ready and rolling shortly! This is a marked progress from its status quo prior to Cindy's letter.
Even the Southern Law Association is on the move to hold a meeting to review the JLSC decision on the Ventour Report on the Chief Magistrate, all in relation to the CJ issue. At least the ball is now rolling, and the people and institutions who are the guardians of and role models to the citizenry of the country are now showing some "movement" towards their responsibility and accountability to the people, and that includes the President, whether he like it or not, and the Bar Association- to demonstrate their leadership on issues so important and crucial to the nation.
All of this would not have in my mind, be now "in train" had it not been for the effort and "chutzpah" of Cindy in addressing and challenging the President to carry out his duties in a timely manner. In short, had it not been for this so called "extreme disrepect" everyone would have been asleep at the proverbial switch, much to the delight of both the Prime Minister and his regime, and the President, cloaked in his own sheep's clothing, all basking in the sun at the expense of the public and the humiliation of the Chief Justice.
Thank you Cindy, for standing up for what is right, let the chips fall where they may! Be mindful of the country they have brought it to today, such "freedoms and democracy" that parallels itself to no other place in the world, and envied by no one, not even Trinis themselves, cause they too are afraid to say so! Such strange Democracy?
God Bless and Good Luck in the future!Trini.t.o.o.
Thank you anonymous person for admitting your fear and that of others.
In the absence of evidence of - that which Cindy sought - the President's actions take on the appearance of being inconsistent with the very clear Constitutional requirements.
Now we hear some rubbish in the media (known puppets of the State) - a press release from Whitehall - that "Arrangements are near completion for the establishment of the Secretariat for that tribunal, the final details of which will depend upon recommendations and advice made by members of the tribunal who will determine the process, procedures and other requirements upon their arrival."
This is a load of utter hogwash. Study Cindy's letters and the Constitution and you will see why. Stchupid people in Trinidad will lovingly consume the hogwash because they so blasted gullible and brain washed. Like large sections of the Nation have been hypnotised by the "Weee love you-" crap.
The evidence and issues Cindy sought are still not forthcoming - to my knowledge. If the information was available it should have been produced in under 36 hours - like within 2 hours. The whole process so far lacks basic transparency and openness and a reasonable inference or suppostion would be that some people have something to hide.
But the next election (- if you get one - and remember dictatorship is a possibility) - is likely to be decided on one stupidly simple formula:
Human Stupidity + Selfishness + The hand that feeds = No action against the hand that feeds.
I'm willing to revise the equation if a suprising alternative outcome occurs. Notice that fear is not in my equation, because it is selfishness that drives the so-called fear. And by selfishness I mean that which one needs to protect and preserve.
All lawyers in Trinidad who currently sit on their hands should commit suicide if a dictatorship is declared before an election. You know why? Because it is their collective fear that allow brainless idiots at the helm to operate like a bull in a China shop - to destroy democracy. Zimbabwe cometh to you! Watch!
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As I recall the Ventour Report was handed to JLSC way back in April 2007, and they sat on their collective hands on it and did nothing, absolutely nothing.
Suddenly they convened on Tuesday last, after the embarassment caused to them by Cindy's letter to Maxwell Richards, and the embarassment Maxwell Richards caused himself in reply, to announce that they were now positioned to proffer two charges on McNichols within 12 days, after he releases the verdict on July 9, 2007 on the Airport Scandal.
Such learned men who had to take all of three months to decipher the Ventour Report let alone what to do with it in their hot hands. It is my opinion, that they were "shamed" into taking this route to save face, and to distract attention from Maxwell Richards, who displayed such arrogance as the Head Of State, that the bias and oppression against CJ Sharma was more than glaring to the average person on the street.
How swiftly Sharma was "suspended from duties" based on an allegation by Sherman McNichol, yet the "Damning Report" by Ventour on McNichol remains collecting dust in JLSC hands for over three months contemplating their next moves.
The catalyst which was Cindy's Letters to the President was the right move, and it "flushed out" a lot of "snake in the grass" people who claims to hold high offices and should be looked up and respected in the country, when in truth and in fact, they are all playing from the same crooked deck of cards collectively.
These are really trying times for us all Trinbagonians, brought on and perpetuated on us all by the current regime. It is the "people" who must take back the power which was theirs to begin with, if those to whom it was "temporary loaned" choose to misuse and abuse it, to the extent that they have in subtle ways and actions, shifted the balance of power away from the people unto themselves, creating monsters of themselves, and instilling such fear in the citizens, that everyone clams up, shuts up and hide, all the while the Regime continue to usurp the people's power and their country and the country's wealth for themselves.
These are very dangerous indicators, and if not addressed and arrested - then democracy as we knew it would take a whole new meaning in Trinidad and Tobago.
The irony is, that ALL Trinbagonians are good people and lived side by side in peace and harmony and respect, despite the differences in culture, religion and ethnicity for all these years. Its only now that this regime see fit to sow the seeds of unrest to achieve their own advantage and retention of power. The people must see through this charade for what it is and change that course of direction if we are going to pull through as a nation, for we are so lacking in leaders, what we do have are lots of opportunists, willing to use any ploy to gain and/or stay in power.
Thanks for folks like Cindy to bring us out of that fear and slumber which like a spell was put on us collectively, so that we could not see beyond our noses, what was being done to us from the highest offices in the land on downwards.
I hope and pray that this was a wake up call to us all, for in a land of such enormous wealth from oil and gas, a wealth we can only read about, but can't touch or find. What we can find is such destitution and poverty, homelesness, crime and coruption, not to forget lack of basic education and health care, that the holders of high offices should be collectively ashamed of their actions, as Trinidad has now become world renowned for kidnappings, murder, robberies and crime as a whole.
Trinidad is not entirely lost, but the people has to decide, and Cindy's letter and her position taken, demanding accountability even from the highest office in the land is a good starting place,and its now up to the people to follow that lead.
Well done Cindy, we await the fate of McNichol, the proverbial "slap on the wrist" from the toothless JLSC. Rome burns while they stood by wringing their hands? Such bravery and fortitude!
Good hunting Cindy, good luck and godbless us all.Trini.t.o.o.
Well it look like after those in the JLSC read my post they took note of my learned opinion in my comment (click=>) "Judiciary in the dog house"!!
I had advised on 20th June 2007 that "The JLSC should now consider what I say and make alternative decisions that properly serve justice, democracy and the people of Trinidad & Tobago!"
Alternative decisions now seem forthcoming in the light of the Newsday article 2007-06-29 JLSC to move against McNichols. Since I know of no one else who suggested as boldly, and in public as I did, that the JLSC should make an alternative decision, I feel entitled to take some credit. LOL. Furthermore many others behaved like zandoli in dey hole. How many letters did we see in the Newspapers on this matter. Even newspaper editors were scared '****less'.
Well lately I am delighted that others like Jumbie and Snowman have really come out and are pulling no punches.
We must of course thank Cindy Bhagwandeen and Anand Ramlogan's Freedom House Chambers for rocking the boat and keeping up the pressure! They have certainly demonstrated leadership for all of the legal fraternity of T&T!!
This is a lesson for all who wish to behave in a zandoli-like fashion: that you can peep out of dee hole.
Now luckily the JLSC has opted to peep out of the dog house! Let's hope wisdom and God guide them now.
Sometimes you just can't help but laugh out aloud, but then we stifle it to a giggle to hide the shame in Trinidad and Tobago!
In the first case, the Law Asssociation representative, after "hibernating" over the crop time (April to June), suddenly wake up and smell the coffee for the first time and want a piece of the action. I read they now planning to meet on next Tuesday and apply some sanctions to CM, Sherman McNichols.(The Deer caught in the headlight syndrome)
They realize they could'nt resist the temptation of joining this "comedy of errors", and if McNichols(CM),Sharma (CJ) the JLSC bunch,who appeaared to be having trouble interpreting the Ventour Report, President Maxwell Richards, and even Prime Minister Manning, all the major players who were getting so much attention from Cindy Bhagwandeen and her "disrepectful to the extreme" letters, they may as well "ride coat-tail" and get some milage out of it too, so badly needed for some of them.
Laughable, was a comment to a newspaper, that Cindy's letter was indeed disrepectful to the President, and "they would not have worded it like that, but differently", and then suddenly they're now ready to impose sanctions on the said Sherman McNichols and set deadlines and timelines for response from the President down to the Tribunal, or else?"Withhold services"?, based on what? the effect and impact of the same letters? Is it not what the letters were asking of the President? Or did it have to be edited, endorsed and approved by a few of them first?
Like good troopers they are, they are now able to "smell the coffee", and interpret the Ventour Report, and all the while Shermie in their face almost every day, with witnesses getting instant "amnesia" in his courts, and embarrassment creeping through the Judiciary like molasses on a hot day.
Immediately, they realized "they have to look good", and catch some "rays of sunlight" from the same Cindy's letter that was critized so strongly, but which shone the pathway for the JLSC and now the Law Association, all getting bright-eyed with the smell of "fresh coffee" to awaken them from their collective deep slumber. (Hibernation) Poor Shermie got caught in the headlights again! But then, think what it might have been for CJ Sharma? How many times did he get caught in Manning's headlights? Once?, Twice?, Too many to count??
This "saga" oops, "comedy of errors" is far from over, and even Shakespeare would have had trouble writing out the "end", but we all await with the "patience of Job", to see and enjoy all those whose feet are "pinching in their shoes", such an "uncomfortable task" for such "Trained and Seasoned Professionals" for what seem to the everyday people, such a simple problem, but made more and more complex everyday like some James Bond spy story. Talk about espionage and counter espionage, talk about trust and backstabbing, talk about crabs in a barrel! talk about Trinidad Politics, all the way from the very top down, there's no end to it! Good Luck and Godbless all Trinis.We'll surely need it this time around! And soon! Trini.t.o.o.
Todays front page news was a breath of fresh air - the "five resolutions" passed unanimously by the Law Association last night, the first of which begins with the "immediate suspension" of Chief Magistrate Sherman McNichols, unto the timetable of the Tribunal, along with undertakings from the Association to proceed with withdrawal of services should the "resolutions" not be fully complied with.
At long last The Pandas Bears have awakened!
Its is also refreshing to note that these resolutions will be submitted to the President, the Members of the JLSC as well as Members of the Tribunal for their response.
It is also very good to see the members of the Law Association speak of taking up leadership and of the importance of this issue, its Integrity, as it affects the nation as whole.
Better late than never, they say, and yes they also say that all good things come to those who wait.
I am still of the belief that Cindy's letter to the President would have been the "catalyst" that began this chain reaction, but in any event, whatsoever the reasons, the momentum has picked up dramatically, and the "train" is in motion, and quickly too!
It is always disappointing to see the "small" turnout for the meeting, but it simply demonstrates to a large extent, the underlying "fear and insecurity" introduced by the current regime which has been allowed to permeate our sociaty, and to have a negative effect on our good people and its citizens in general.
My hats off to the Lawy Association and the lawyers who have shown the courage to stand up for the "little people" and to take a brave stand on behalf of the judicial integrity of our land.
This I am sure will have an enormous impact on the morale of the people, if they can see the "Government and the President" being challenged, and being "cautioned" and put on notice that they should take note of the needs and concerns of its citizens very seriously.
This will embolden and empower them to act more frequently when they feel they are not being "heard" by the same ones they had trusted and put them in places of Power and Authority.
They can and will make a difference! And always Peacefully!
Good Luck and godbless. Trini.t.o.o.
Time will tell if this tribunal reveals the extent of the rot in this issue. I say if they reveal, because if the meetings are not public, the cover up continues.
But Shermie is needed to testify (he made the complaint after all) and time will tell if his complaint is about getting even with the CJ over being called out on the land deal, or if the complaint is indeed a valid one.
Sharma is right about being hounded. Shermie makes himself out to be a man who wants to do the right thing (by supposedly acting on interference in a trial he was presiding over) but by joining the political agenda of the government, he has revealed the more sinister side of himself. He eats with the lambs but runs with the wolves.
The government delays because time is on its side. Sharma retires in 7 months, and the only stumbling block to the power Manning pursues may be the general election that is due before Sharma's retirement. Ergo, he might still be that obstacle they resent.
McNicolls may have been of the thought that his "four Affadavits" to which he swore should have all been accepted at face value and as the "gospel truth", and that he should not have to be cross examined on them at all. But this is strange, because McNicolls is an officer of the court, and more so, the Chief Magistrate of the land, and ought to know that the "accused" must have the right to face his "accuser" and have his day in court, no ifs or buts. Anything less will dilute the judiciary to the point of anyone making allegations without having the burden of proof placed on them to prove it. This cannot and should not happen in a true democracy.
McNicolls is and was for all intent and purposes a Witness, the main witness at that, and cannot elect when and where to testify when called upon to do so.
However, tha cats out of the bag, and the mice have all fled the scene, poor McNicolls now up for scrutiny, and don't like it one bit. Very embarrasing, is'nt it? But think what they did to Sharma, not once but twice and then again, how did he feel?
Justice and fairness will always prevail, good over bad, Sherman McNicolls should know this, as well as Pastor Manning. The day of Judgement cometh, and thou shalt not hide, for those that do,the evil that lurks in the dark will surely find them.
So let the games begin! Trini.t.o.o.
The tribunal, now being hastily convened after the "rush" by the President to suspend CJ Sharma on the advice of the Prime Minister, must seriously give merit and consideration to the request by the "Accused" CJ Sharma to hold and conduct its hearings in Public, if not for the sake of fairness and equity to the accused, but also for the transparency and accountability to the people of Trinidad and Tobago, and most importantly, the "acused" himself, who I recollect has requested the hearing be held in public, rather than "in camera.".
There is nothing more important today in our country than this unfortunate saga itself, and there is a growing restlessness and need to have this matter resolved as quickly as possible, so that he can move on with his life and retirement, after the many years serving his country so faithfully.
Understandably, there may be severe concerns coming from other quarters, arguing against such a move, for reasons of their own, and to aviod disclosure of many embarrasments by virtue of their actions,and/ or discussions, meetings and collaborations, including the Attorney General, The Chief Magistrate, McNichols (the main accuser) and the Prime Minister, Patrick Manning himself, all relating to the Chief Justice, Sharma (the Accused).
It is of critical importance that there is a measure of full disclosure, to remove any lingering doubts and to restore public confidence in the Judiciary, that alls well in the country. There is nothing on the front burner more important to the Nation today, as this tradegy of errors.
Soft excuses will not suffice, as I am not aware of any information that is connected to or will affect National Security, and anything that will invade personal privacy and/ or confidentiality. In fact, if the "accused himself" is requesting such a hearing, open to the Media and the Public, would this not be ample and sufficient reasons to allow such a request?
Or alternatively, does the Tribunal have any reasons or rationale, legal or otherwise of their own which would preclude this action? I truly hope not, as this is of such huge importance for the Nation, so critically needed to begin our "healing process" as a Nation, so that just for the benefit and well being of its citizens, the Tribunal should give it due consideration.
I recognize the Professionalism and Integrity of the Members of the Tribunal, and commend them for accepting this unenviable task, but the country as well as myself will be grateful and contented that in the end,at last a modicum of justice will prevail, either way, when all the facts are presented and made public, especially when the suspension of the head of the Judiciary alleges he is a victim of a political conspiracy.
It is important that the "whole truth need to be known", and like Gandhi would have said "not the experimentation with the truth" version.
In closing, I quote and emphasize part of Cindy's letter to the President, "The public is entitled to a judiciary that is free from political interference and the Chief Justice is entitled to a practical and real opportunity to clear his name or be condemned." unquote.
The Nation awaits with bated breath, your decision on structure and terms of reference, the hearings and fact findings and ultimately, your decision(s).
Good luck and godspeed! Trini.t.o.o.
Trini.t.o.o, Boy a hear what yuh say but I am not optimistic. All you say is correct in principle.
My worry is that so far I have not seen any evidence of integrity by the present regime. They behaving like 'monkeys at the helm' drunk on extra bananas. So, I fully appreciate Jumbie's 'Monkey island justice'.
There is well known saying about predicting human behaviour: 'The best indictator of future behaviour is past behaviour.' It works so well most of the time.
So far, plotting the trajectory of this whole mess, I would be very surprised if the impeachment hearings are allowed to happen in public. You really think a PNM government go risk that public hearing wid elections rong dee corner. Nah boy, ah cyah buy dat. Oh..oh...ah wonda if dat mean elections will be complete before the impeachment Tribunal does it's job.
So I would prefer to bet a worthless Trini dollar that the hearings will not happen in public.
The other thing I'm willing to bet on is the unexpected. That the Tribunal members withdraw from the Tribunal - led by Sir Vincent Flossaic.
As dey say 'we go see'. In the mean time yuh never know, Manning could well declare another Carnival - boy dat go buy votes - watch.
Captain Walker, if your "hunch" is right, then we'll be heading for the "Perfect Storm", a recipe for disaster, something we'll never get over as a nation.
I don't disagree with you that there is a whole lot out there that the CM, the PM and the AG would not want revealed in the public domain. I am also curious that the Tribunal itself would want to have its hearing in public.
But that having been said, it up to the people to "insist" along with the "media" that it is in the best interest of the people of this country to do so, and its not for the benefit of the Tribunal or the PM, CM, or AG or the President for that matter to interfere in the process.
Should that be the case, then if the Tribunal has any class and integrity, they will decline to participate, and this would sent a very clear signal to the outer world that all is not well in the country or its politics, and that can have a negative impact, not that Manning will ever care, cause he does not.
This is a "historic moment" in the evolution of our country,but for all the wrong reasons. Today's news the President is already clanging the bells crying of "increasing racial divides", but he as the Head of the Nation has done sweet little to help calm those fears spreading across the nation. They say if one is not part of the solution, then they must be part of the problem.
So in this regard, I do agree with you on the point of the Best indicator of future behaviour is past behaviour. If this would hold true, then history will repeat itself, and this is what I really afraid of, that our people will go through another period of suffering, but this time around from opression brought on by our very own.
It is in this context, I emphasize that our nation must always be vigilant and alert to all of the symptoms of the return of "massa dey" and the slow creep of Dictatorship on our soil.
It is therefore for us to remind the Tribunal, of how and what we need from the outcome of this hearing, justice and fairplay, and let the chips fall where they may. So this exercise is not for the PM, the CM, the AG, the President, but for the CJ Sharma, the people of the country and the restoration of public confidence in our judicial system, which has been decimated by the comments and actions of the Chief Magistrate.
Hopefully, the tribunal will have the Professionalism to deal with the Regime on matters that they are not comfortable with, instead of walking out.
At least that's what I hope for, just hope! In the meantime, we'll keep our eyes on the ball, and avoid the "Perfect Storm."
Take care and godbless! Trini.t.o.o.