The much anticipated and dryly predictable suspension of the Chief Justice surprised few because the battle lines were irreversibly draw some time ago. There are several nagging issues about the manner in which this second round of impeachment proceedings and suspension has been handled. The scandalous refusal of Chief Magistrate (“CM”) Sherman Mc Nichols to testify at the long awaited criminal trial against the CJ seriously undermined his credibility. Mc Nichols’s competence and character was dealt an even more damaging blow by the decision of the Court of Appeal that he mishandled Panday’s trial by failing to disclose his financial interest in a land transaction with one of the witnesses. The expensive legal battle that preceded the criminal prosecution of the CJ came to naught.
The Judicial and Legal Services Commission (JLSC) quite rightly appointed High Court judge Justice Sebastien Ventour to investigate the actions of the CM to see whether there was any basis for disciplinary action and charges of misconduct. According to media reports, the Ventour report was submitted to the JLSC a few months ago. The JLSC has thus far ignored this report. It has failed to make a decision in accordance with the findings and recommendations of its own investigator.
This is a delicate and sensitive constitutional matter involving an alleged political conspiracy to remove the head of the country’s judiciary. The CM is entitled to be publically vindicated if the report cleared him of any wrong doing. Conversely, the nation is entitled to know whether the CM misconducted himself and should be disciplined.
CJ Sharma has functioned as a judge in the Court of Appeal in very few cases since his reinstatement. The uncertainty of his position made this the proper and most appropriate course to follow as litigants could be forced to re-argue their cases afresh (at their own cost) if the CJ was suspended before judgment was delivered in their appeals. In stark contrast the CM has continued on his merry way as if nothing has happened, oblivious to the fact that he is under investigation and may be charged and suspended from office. He has continued to start new cases even though he is yet to complete and give decision in many old ones such as the infamous air port corruption case. Is he ‘padding his statistical resume’ to make suspension difficult?
Had the JLSC acted in a timely manner one wonders what impact a decision to charge and suspend the CM would have had on the question of whether the President should have suspended the CJ. It would have certainly made the Prime Minister ‘pause for a cause’ and reconsider their position in light of all that has transpired.
The deliberate delay and inaction on the part of the JLSC regarding the Ventour report created a politically convenient window of opportunity for the PM to suspend Sharma without having to deal with the obvious difficulties the suspension and charging of his main witness would have been caused. It is almost as if the JLSC was waiting, just to accommodate the PM. Questions are now being legitimately asked about whether the JLSC is part of the political conspiracy to remove the CJ because its members are known to hold lucrative public offices controlled by the government. Quite a few commissioners owe the government a debt of gratitude for their appointments to these public offices which are known to be in great demand because they are excellent post-retirement career options. Rest assured the JLSC will not suspend Mc Nichols even if he is charged.
It is clear that the government wanted to remove CJ Sharma on the eve of the next general election. I predict that the PM will now set the date. Sharma must by law retire in January 2008. He has been suspended in circumstances where the impeachment tribunal is not functioning and no date has been set for the commencement of the impeachment proceedings.
It is clear that the government intends to drag the impeachment proceedings until after the general election and possibly after January 2008. This would explain why such basic preliminary matters like a secretariat have not been established to enable the tribunal to commence sitting.
What has occurred is nothing short of a bloodless palace coup. The government has terminated the career of a distinguished judge who rose through the ranks as a career judge after a lifetime of public service. The CJ is their political hostage and the cruel irony is that the government is in control of the rescue mission.
By Anand Ramlogan – 2007-06-16