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McNichols should resign
Before we even begin to analyse the Mustill report we should all be very concerned about the serious breach in security that led to the premature leaking of the report to the media before it was officially delivered to the President. The headline “Sharma Spared” instead of “Sharma Cleared” set the psychological state of mind for the digestion of the report in a way that was clearly favourable to the government.
You only ‘spare’ someone if he is guilty as charged but deserves a chance. In local parlance, ‘yuh get ketch with yuh pants down but we giving yuh ah chance.’ Convenient politics, it would appear continues to drive and influence this matter as the innuendo was mischievously clear. The issue at the heart of the enquiry was however, whether the state had made out its case of misconduct against Sharma. This, it clearly failed to do. In short, the head of the judiciary was removed from office on the basis of a case that was not made out.
The report was balanced and predictable. Sharma is on his way out. He has less than six weeks until he retires. The real issue now is the confirmation by tribunal of the crass stupidity of the Chief Magistrate whose shenanigans caused this entire fiasco. Justice Peter Jamadar is scheduled to deliver judgment in McNichols’s judicial review case whereby he is attempting to halt belated disciplinary action taken against him by the JLSC in accordance with the advice of Justice Sebastien Ventour. Let’s hope the wait is not too long.
In my view, McNichols should be suspended, if he does not resign. Millions of dollars have been wasted because of his inexplicable refusal to testify on behalf of the prosecution in the criminal case against Sharma. He was the instigator and everything depended on him. He knew this and remained silent while the government was fighting all the way to the Privy Council for the right to prosecute the CJ in the criminal courts. Suddenly, at the eleventh hour, he flip-flopped and refused to testify, saying he never intended to do so in any criminal trial.
This is what the tribunal said about his conduct: “Again, and hardly least, there was the remarkable story of the Chief Justice's trial. There is no explanation of the Chief Magistrate's last-minute change of heart which can leave his credibility untouched. (And, indeed, none was offered by him in his oral evidence before the Tribunal). Either he was in the grip of conspirators who for some reason wanted to have the behaviour of the Chief Justice examined by an Enquiry rather than in a criminal court, or at least wanted him to be removed from office without being in peril of prison. Or the Chief Magistrate really believed in the opinion that his statements were in some way his property, to be used by the organs of state only in a way of which he approved-an extraordinary misconception for an experienced magistrate. Either alternative raises more questions than it solves. There is also the curious manner in which the matter was handled in court. But whatever the true state of affairs this episode seriously shakes the confidence which we can place in the Chief Magistrate's testimony.”
In short, the man is either too daft to be the country’s Chief Magistrate or lacks the credibility to inspire public confidence in the administration of justice and must be removed from office.
The tribunal also criticized Sharma’s conduct on many fronts and rightly opined that “All these combined with the impression gained during his oral evidence to suggest a propensity to speak and write more freely than was wise,” the tribunal said “without the balanced sensitivity and distance which should be the hallmarks of a senior judge.”
In agreeing with the criticisms made about Sharma’s conduct I cannot help but highlight his honesty about the matters that prompted the adverse comments.
Sharma could have just as easily have lied about ever having a jovial chat about Panday’s case with prosecutor Timothy Cassel over drinks in the First Class section or ever raising the ‘hindu wife’ topic with Mc Nichols or Cassel. It would have been their word against his as no one else was around to listen to these conversations. Instead, he chose to admit having said these things and let the chips fall where they must.
By admitting that he said these things, Sharma clearly felt that he had done nothing wrong. His conscience was clear that he did not try to influence Mc Nichols and the stance seemed to be that ‘the truth shall set me free.’ Perhaps it has, but it does highlight idiosyncratic behaviour that Sharma should have known was wrong. Hats off to Lord Mustill & Co for a good report!
By Anand Ramlogan 2007-12-22
- 960 reads
OPENNESS IS THE WATCHWORD" said Lord Mustill on his arrival, and to this he gets full credit in my reading of the media's excerpts of his report submitted the President.
So in this regard I must say that I'm not surprised that they found no supporting evidence of guilt in the allegations laid against CJ Sharma, and I am glad for CJ Sharma for his exoneration and final outcome to date.
Given the nature of importance and urgency deserving of this matter, I am surprised that Manning did not show the same amount of persistence and passion in pursuit of the CJ, to read the Report although admitting it is on his desk, or is it maybe he already knows what's in it and is not too thrilled with the findings.
In any event, as I said before and which I expected, it has now raised more questions than it has provided fullness of answers! Questions about the involvements and conspiracies of people and high officials like The Prime Minister Manning, Attorney General John Jeremie, Chief Magistrate Sherman Mc Nicholls, Duprey, Treasurer of the PNM party Andre Monteil and now even Browne, Minister of Finance, et al. just to name a few of the too many to mention, in this as well as other matters yet to be revealed.
There should be more and more Commissions of Inquiry and investigations pursued with the same degree of passion and haste as shown by the Prime Minister Patrick Manning, otherwise all of the charade about CJ Sharma certainly comes out in the end looking like political bias and discrimination together with political persecution against him like he has claimed from the outset.
But then I don't expect anything much coming from Manning except "hot air", as Brother Hinn has redeemed himself and showed that he knew what he was talking about, as Manning has the propensity to talk from "both sides" of his mouth, and to "suck and blow" at the same time, something most people can't and won't be able to do in their entire lifetime, not forgetting his affliction of "foot in mouth disease"!
So as we await the President making public the entire report, so far I am still convinced that it has raised more questions than it has provided answers.
My fear and concerns is however, that we'll never get the answers, as Manning is either aware of them or has the key to them, as such thats where they'll remain, "in his backpocket", well out of sight from the public's domain.!
But then, nothing remains hidden forever, at least not in Trinidad and Tobago, there are no room for buried secrets here, this is the land of gossip and loose lips, just ask former Trade Minister, Ken Valley how it works, it all surfaces in good time...!
So its about time too that Manning practices what he preaches, "moral and spiritual values" that is, cause that was the basis of his initial appointment as Prime Minister by Robinson, something he is yet to display except all talk, but then you can't give what you ain't got, or so I was told and still firmly believe today...!
But when you don't expect anything, then you won't be disappointed, so I expect nothing more coming from Manning, nothing more except his usual gibberish, and like they say, when in "doubt" or you "don't know" at all, just "mumble", something he does so well, much to his own ignorance and delight and to the public's amusement.!
Remember, many people like to talk behind other people's back, its called gossip, but when the time comes to "put up or shut up" to testify under oath and to be cross-examined on the facts, they all become like "Mandrake the Magician", Manning and his gang that is; as soon as their names are called, they all disappear like a "puff of wind"!
How true of you, Lord Mustill, what foresight!
So yes, we will never know the real reason, cause all we will get back in return from the people who "really knows it all" will be more questions than answers, as has proven to be the case so far! Some Openness?
...goodluck! Trini.t.o.o
Some of the media in T&T appear to be afflicted with DUNCINESS. They continue to refer to the Tribunal as if its functions were bent on finding Sharma guilty or not.
Take Newsday 2007-12-24 where they say "The 58-page report of the tribunal was released last Thursday and it cleared Sharma of any wrong doing. He returned to work on Friday."
For dunceys reading this, the purpose of the tribunal was not to clear Sharma of wrong doing. The purpose as the Tribunal stated omteen times, was to see if there was a sufficient case to refer the matter to the Privy Council. That's it. Sharma may have been cleared in the imaginations of idiots. Nonetheless the Tribunal did not actually clear Sharma at all. It found good reason to criticise him and it did so.
I'm left thinking, is it just a media phenomenon or do Trickidadians in general lack average intellectual capacity to read and understand?
As a Trinidadian living in abroad I feel ashamed to think what overseas people must be be led to think when they read the kind of utter dunciness written in the papers. Why? Because I have to imagine that if they met me in person, they might be thinking secretly to themselves, "Hmmm...he's one of that lot down in that banana republic where they're not too bright".
The media in Trinidad & Tobago is an utter let down. In letting itself down it communicates erroneous ideas to the people on certain important matters.
It is interesting to read the events of recent, and then go back to the following thread: http://www.anandramlogan.com/node/120 as well as adjacent ones.
The CM and the AG are shamed in the report by the contents (and also by obvious absence of direct reference to the AG).
But I wont hold my breath for those men, or for those that attacked the CJ, to think twice about the events of 2007. As far as I'm concerned, most trinidadians have proven themselves too stupid to have foresight into where trinidad is heading -- where trinidad will be in 10-20 years. And men like Manning will continue to mold our island into a place that bears fruit for people who think like him, and have his beliefs.
If you dare think or pray differently to Mr Manning, beware .... I think we've just become less secular, less democratic, and less free as a people .... and the masses just dont see it yet....
RIP
I'm delighted that G has took us back to what we may have forgotten.
I wonder if also in true Trini form, we have forgotten that the questions put to the President by Cindy Bhagwandeen in attachments here, never been answered . Why? Answers were promised 'in due course'.
The questions were very good ones and must be answered. I demand they be answered now, in the interest of democracy!!
Thanks for the reminder Captain, but the massive cover-ups continue unabated, and by design in my opinion, simply because Trinis are too complacent and have short memories, and the people in high places, namely the President and The Prime Minister are well aware of this, as they drag their feet purposely to "kill time" and allow people's memories to fade into twilight, while they accomplish their sinister plots...!
How can anyone understand that Manning was so "gung ho" to have the CJ suspended and impeached, yet when the report is "finally submitted" he leaves it lying around on his desk but did not take the time to read it?
And then the President, with all his "grand charge" about not being reportable to anyone, the courts included, after Cindy's letters to him, and talking about "disrepect to the extreme", but failing to even provide the most basic information to the people of the nation as to the date of the appointment of the Tribunal and the necessary arrangements he made and put in place to have the Tribunal "in train".?
These are the same twosome that we as a "people and a nation" have entrusted with safeguarding and ensuring "democracy prevail" in our land..., what a totally foolish and idiotic idea, its like "putting mice to watchman the cheese", and expect to find it all intact and whole at the end of the day! What fools are we?
So do I expect answers from the President to the questions posed to him in Cindy's letters, very pertinent and valid questions at that too, my answer is no, we'll never see him reply, because he's already assured of a next five year term in office by Manning, long before Manning even convened Parliament to place him in a position to do so.!
As I said previously, these two people are inter-dependent on each other for their survival, all at the expense of "true democracy to the people and the nation", yet we Trinis sit by idly and allow ourselve to be fooled continuously by these "flim flam" men, simply because they know very well that we, the people will do nothing and thats what they like best, the "do nothing part", this allows them to have their way unfettered and hidden...!
So the massive cover-ups will continue unchecked and unabated, and the CJ Sharma will retire in early 2008 as he has to, and no one will be the wiser to the "sinister plot to get rid of him by fair or foul means" and history will soon forget that he was ever there to so proudly defend the very same principles which are now being so cleverly eroded and taken away from us, just like stealth throughout the night, only to find the cupboard's bare and empty by morning, as the thieves have made a clean sweep and ...democracy and all gone too...!
So, open your eyes my Trini friends, stand up for your rights, demand answers and accountability now, from the President right down to the Prime Minister and including the former AG John Jeremie and the Chief Magistrate McNicholls, after all it's your $25 million dollars Patrick Manning spent to do what? Chase a shadow or a dream?
And what about Max Richards, what role did he play in this whole affair? Who does he account to? If not the people or the courts of the land, whom? What pompousness and arrogance by both men who "ought to know better" but make such poor mentors for our young people to follow and emulate...what a sad day for Trinis, if that's the best we can come up with for leaders...! No wonder our country is in such a mess!
Wake up my friends and smell the coffee...hold their feet to the fire...the President and the Prime Minister that is...demand answers for this fiasco conducted by both of them, its your right, you pay their salary and expenses to live the life of "riley" high off the hog, stop the "free ride" and make them accountable now, before its too late, if its not already too late...!
goodluck! Trini.t.o.o