I wish to hereby lodge with the Commission a formal complaint of gross misconduct against Mr Sherman Mc Nicolls, the Chief Magistrate.
The misconduct of which I complain about is that Chief Magistrate Mr Mc Nicolls falsely and maliciously lied to the Honourable Prime Minister Patrick Manning by reporting to him that I, the Chief Justice, had attempted to influence him in his adjudication of a trial of which he was seized, namely the matter of senior Supt Wellington Virgil versus Basdeo Panday.
Particulars of the complaint are as follows:
Sometime between the 3rd and 5th of May 2006, the Chief Magistrate forwarded to the Honourable Prime Minister a report in writing to the effect hereinbefore stated, with the intention of injuring my reputation and position as Chief Justice and in the expectation of causing the Prime Minister to initiate steps for my impeachment under the Constitution.
This complaint and the allegation therein contained are wholly untrue as Mr Mc Nicolls well knows.
Motive for the false and malicious complaint of the Chief Magistrate may be found in the fact that Mr Mc Nicolls is beholden onto the honourable Attorney General Mr John Jeremie at whose behest and in the service of whose interest he may be pressured to have acted.
Mr Andre Monteil, a director of Home Construction Ltd, consulted Mr Fifi on behalf of Mr Mc Nicolls. Mr Fifi declined to assist. Subsequently the honourable Attorney General consulted Mr Fifi.
He aggressively and improperly used his official position and influence to bring pressure on one Mr Michael Anthony Fifi, the chief executive officer of Home Construction Ltd, to repurchase from Mr Mc Nicolls the parcel of land which Mr Mc Nicolls had earlier acquired from the said Home Construction Ltd. The repurchase resulted in a substantial profit to Mr Mc Nicolls.
The motive of Mr Mc Nicolls in seeking to discredit me is to be found in the fact that he is the principal complainant and witness in outstanding proceedings against me initiated by the Honourable Prime Minister, under section 137 of the Constitution. These proceeding (sic) are strongly contested.
I respectfully request that this matter be brought to the attention of the Commission as a formal complaint so that it may be fully investigated and such action taken as the Commission might find just and appropriate.
I stand ready at the disposition of the Commission to furnish whatever assistance the Commission may require of me in its investigation, but naturally consider myself disqualified from all and any participation in the matter in my capacity as chairman.”
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