Constitutional law

I agree with AG John Jeremie that there is a need for “a more sophisticated justice system …… for the delivery of swift justice” but this can be a dangerous political slogan.  What we have to be careful about however is the erosion of the independence of the judiciary and the dangerous possibility

Writing this weekly column is a burdensome hobby, but a large part of what inspires me to write it is the appreciative comments and feedback and constructive criticism I receive from readers.

It is known, from observations in the courts, and the shenanigans of the judiciary, that justice comes at a high price, not necessarily financially. Many a time we have seen culprits walk because of some demented opinion by a magistrate or judge... case in point, the Brad Boyce trial.

This editorial in the Guardian 2009-08-22  is unbelievable. The language used suggests a serious lack of understanding for the nature of the Privy Council and what a Constitution is.

The fiasco of Gail Merhair’s vote in favour of the Government, which allowed it to postpone local government elections for yet another year, would be laughable, were it not for the serious issue involved. Senator Merhair’s logic has been exposed by all and sundry as being fundamentally flawed.

The vote of no confidence in Attorney General John Jeremie, passed by the Law Association, was simplistically condemned by Minister Colm Imbert as a political attack on the PNM, because a small handful of lawyers with known political affiliations attended.

A friend recently described Trinidad and Tobago as “a failed state with a little bit of money.” What will happen when that money done is the burning question that we must all ponder. The country has slipped into a state of anarchy. There is absolutely no respect for the rule of law, and the will of the bandit now prevails.

The terse tone in the exchange between AG John Jeremie and former DPP Geoffrey Henderson must be a cause for concern. The nation owes Mr Henderson a huge debt of gratitude. The pressure applied by the AG was intense, and cannot be casually dismissed, because it was being applied in sensitive, high-profile matters involving opposition politicians/supporters.

The victory in the Privy Council for the Maha Sabha, Sat Maharaj, the Islamic Relief Centre and Inshan Ishmael, in the Trinity Cross case, was the culmination of a marathon journey for symbolic and substantial equality. [Site admin note: read the judgment at the end of Anand's commentary]

The president of the Republic of Trinidad & Tobago, Prof Max Richards, makes a second response on the Integrity Commission fiasco.

Resignation of the Speaker of the House of Commons in the United Kingdom is a timely reminder of why the Westminster system of parliamentary democracy is ill-suited for Trinidad and Tobago.

Freedom Chambers is deeply disappointed to learn that Kevin Baldeosingh has been reportedly dismissed.

None of the problems associated with the present Integrity in Public Life Act (IPLA) have been addressed by the Bill tabled by the Government to amend the IPLA. The amendment is self-serving and designed to undermine, instead of strengthen, integrity in public life.

The response by the President of the Republic of Trinidad & Tobago is given below. This is the response to the fiasco  caused by appointments of persons to the Integrity Commission.

The ink was hardly dry on the resignation letter from newly appointed member of the Integrity Commission (IC) retired Justice Zainool Hosein, before an even bigger controversy erupted over the appointment of Jeffrey McFarlane. Mr McFarlane, on the face of it, was not qualified to be appointed as a member of the IC, because he is a person in public life performing a public function.

Full Text of the Privy Council Judgment is viewable below - printable and downloadable. You may wish to cut straight to Page 9 and beyond for the Law Lords opinions on illegality and corruption. [Use the slider bar to magnify text, if necessary]

Where the hell is Ramesh 'Lawsuit' Maharaj when you need him? He seems to be wooing some hard-back maxi men with sweet lyrics. I don't know if they will be voting UNC come the next election though, given the area they hail from.