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BY
JUHEL BROWNE
Prime Minister Patrick Manning says “bearing in mind
the possible consequences, and with a heavy heart,” he
has advised President George Maxwell Richards to set up a
tribunal to investigate whether Chief Justice Satnarine Sharma
should be removed from office.
Manning said he wrote Richards yesterday and also informed
Sharma of his decision.
However, when he announced his decision yesterday, Manning
said it was not in any way a judgment of Sharma’s conduct.
“I
emphasise, Mr Speaker, and wish to keep iterating, lest there
by any doubt, that my decision to cause an investigation to
be carried out is not a condemnation of the Chief Justice,
nor is it finding guilt against him by the Prime Minister,”
he said.
“I
have done no such thing.”
Manning made the announcement in a ten-minute address during
the sitting of the Lower House, which was broadcast live on
television and radio.
He said the names of the members of the tribunal would be
announced soon.
Manning said he was merely acting in accordance with Section
137 (3) of the Constitution, which required him to make a
decision that must be fair and “devoid of emotion or
politics.”
Section 137 (3) outlines the procedure for setting up a tribunal
to investigate the removal of the Chief Justice, once the
Prime Minister advises the President to do so.
At issue are allegations that Sharma was involved in the Prof
Vijay Naraynsingh murder preliminary inquiry.
Naraynsingh, a surgeon, was freed of the June 29, 1994 murder
of his second wife, Dr Chandra Naraynsingh, at the San Fernando
First Magistrate’s Court on March 4.
On March 18, the Guardian had exclusively reported that Manning
was expected to advise Richards to set up the tribunal, once
the attorneys who were advising him were ready to counter
any legal moves Sharma may undertake.
“The
advice given to me by two English Queen’s Counsel and
by one local senior counsel, all unanimous, is that the allegations
made against the Chief Justice are serious enough to warrant
further investigation by a tribunal established under the
Constitution,” he said.
“I
have decided, in accordance with this advice, that an investigation
is warranted and I consider myself duty-bound to allow it
to proceed.”
Manning said according to the Constitution, once the tribunal
believed there was enough evidence to support Sharma’s
removal, the matter would then go to the Privy Council.
“At
the end of the day, given due process, the Chief Justice may
be totally exonerated and we must continue to bear this in
mind,” he said.
The PM also said he was seriously concerned about leaks to
the media concerning the Sharma issue.
“I
wish to take the opportunity to assure the national community
that the Prime Minister has not authorised anyone to give
information to the media in this sensitive matter,” he
said.
“Such
leaks were inappropriate and caused me great concern and anguish.
I could not see what benefits or advantage could have been
derived therefrom.”
Manning said extreme care was taken to act with the utmost
propriety in the matter and noted he did not take any advice
from Attorney General John Jeremie or any judges.
He said since the matter would now go before a tribunal, he
was advised it was subject to the observance of sub judice
rule.
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