CJ’s one major concern – no interference in the Judiciary.
By Onika James
Trinidad & Tobago’s Newsday | Friday, December 25 2009
The year 2009 had a somewhat slow start in the Judiciary. Several cases had to be pushed back, or aborted as witnesses failed to come forward. In others, it was the issue of accused persons being properly represented by attorneys.
However, of the cases that were heard in the High Court, the evidence deduced in the Samdaye Rampersad murder trial was the most telling.
The 48-year-old San Juan businesswoman was abducted on the evening of November 25, 2005, while in the company of friends at her variety store. More than one month later, her body was subsequently unearthed from a shallow grave in a cashew field in Claxton Bay on January 6, 2006.
Phillip Boodram, Steve Mc Gillvery, Vivian Clarke, Pernell Martin, Kervin Williams, Marlon Aaron Grappie, Ricky Singh, Roger Mootoo and Bobby Sankar were all charged with participating in Rampersad’s abduction and murder.
However, Mc Gillvery, Clarke, and Martin were the only ones convicted. The three were sentenced to 30 years in prison. Martin has since appealed. Sankar was freed, while the 12- member jury was unsure about the others.
The five other men are to face a retrial in 2010.
Simultaneously, in July, seven of this country’s nationals were sentenced to life imprisonment in Washington DC, for the kidnapping and murder of former Trinidad-born US war veteran Balram Maharaj.
Maharaj, a US naturalized citizen, was visiting from Mount Vernon, New York. He was kidnapped outside the Samaan Tree Bar in Aranjuez on April 5, 2005.
A $3 million dollar ransom was demanded, but no money was paid. After a week, debarred from his daily medicines, Maharaj, 61, who was a diabetic, and who had recently suffered a stroke, died. His body was cut into parts, and buried.
Army Corporal Ricardo De Four, Zion Clarke, Kevon Demerieux, Anthony Straker, Wayne Pierre, Christopher Sealey and Kevin Nixon will not see their homeland again.
Four others, Army Sgt Leon Nurse, Jason Percival, Russell “Saucy” Joseph, and Winston Gittens, pleaded guilty to hostage-taking.
However administratively, it was not until the later half of the year that things really began to heat up in the Judiciary.
The fireworks started when the Judiciary began to flex its muscles, and, through its head, Chief Justice Ivor Archie, voiced condemnation of any act of interference into its affairs by Government, or any of its agencies.
The no-nonsense approach, was first signalled by Chief Justice Archie during the opening of the 2009/2010 Law Term, on September 16 last.
“I must confess to some concern when I read some of the provisions of the draft constitution that referred to the Judiciary. They do not meet the objectives that have otherwise been publicly articulated and, in fact would, if passed, take us in the opposite direction. In my respectful view, Archie said, they stem from a fundamental misunderstanding of our role and function, and have disturbing implications for judicial independence. I refer in particular to clauses 121 to 125, 136 and 142” of the draft constitution, Archie said.
The CJ’s address was hailed as “a dam good speech” by most. Attorneys agreed he defended the Judiciary by his clear message of the separation of powers. So, potent was its content that, President of the Law Association, Martin Daly SC, two days ago, commented that, “in what was a very gloomy, and unsettling year in the country, found that the Chief Justice’s dissertation was an outstanding event, and was a penetrating ray of light.”
The Chief Justice’s firm stance for independence endorsed then High Court Judge Rajendra Narine’s position. Justice Narine, an Appeal Court judge was criticised by Attorney General John Jeremie earlier that week, after he referred to an affidavit sworn to by Jamaat al Muslimeen leader Yasin Abu Bakr.
The affidavit issue sparked a sequence of controversy between Jeremie, and members of the Bar. In his first response, the AG wrote to the Chief Justice. Archie was one of the Appeal Judges who ruled on the Bakr affidavit.
Earlier on September 14, 2009, Jeremie announced in the Parliament that, he had written to the Chief Justice over the conduct of then Justice Narine. “The action which Justice Narine took in this instance is to be contrasted with that of the Court of Appeal and the Privy Council.” Jeremie said “Justice Narine did not consider whether the alleged agreement was illegal and unenforceable, but decided the application to strike out the affidavit which was before him, was premature,” the AG added.
Some two weeks later, the situation reached fever pitch when AG Jeremie launched an attack on Law Association President Daly for -Daly’s criticism of him on the Bakr affidavit issue.
Daly responded a few days later. “Whatever the disagreement between the Council, and yourself on the relevant case law, the Council considers it disgraceful that you descended into a personal attack on me, Daly responded that he spoke then as President of the Law Association. He spoke no lie, according to him. Daly assured that he had just put forward the Council’s view relating to the matter bearing in mind that a sitting Judge would not be expected to enter the arena to answer the criticism of him. Daly reminded Jeremie, that as AG he had ignored the obvious fact that the statement was one of the Council, comprising as it does a body of lawyers democratically elected to represent their colleagues. The battle of words remains hanging.
Thirteen persons accused of the kidnapping and murder of businesswoman Vindra Naipaul- Coolman are set to go on trial early 2010. Additionally, the five accused in the murder of Dr Edward Khoury, will also face a High Court jury within the coming months.
The DPP’s office continues to be severely understaffed, and be manned by an acting DPP in the person of Roger Gaspard. High Court Judge Geoffrey Henderson was the last person to hold the substantive post of DPP. Since his elevation in January of 2008, Carla Brown-Antoine (now Justice Antoine) acted for some six months. Recommendations by the Judicial Legal Service Commission to have her fully appointed to the position were vetoed twice by Prime Minister Patrick Manning.
In an exclusive interview with Newsday two days before she demitted office, Brown-Antoine lamented that she “really wanted the job because it would have meant the height of her career.” She was appointed High Court Judge on September 17.
Gaspard, the next directly in line to hold the position of DPP, is now acting in the position. At the time this article was being written, sources revealed that attempts were afoot to have Gaspard appointed to the substantive position.
However, the posts of Solicitor General, and Chief Parliamentary Council remain vacant.
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