NALINEE SEELAL Saturday, July 29 2006
newsday.co.tt

Chief Justice Satnarine Sharma has been relieved of office by President Max Richards who invoked section 103 of the Constitution. The announcement came via a press release yesterday afternoon from the Office of the President.

Richards also announced that he had appointed Court of Appeal Judge Roger Hamel-Smith to act as Chief Justice until the determination of all legal proceedings relevant to the complaint of Chief Magistrate Sherman Mc Nicolls against the Chief Justice had been determined.

Richards' action followed Wed-nesday's declaration by Sharma that he was no longer performing the judicial duties of Chief Justice and also followed Richards' own statement on Tuesday that he had to take urgent action in the matter of the CJ for the defence of the rule of law and administration of justice.

The release from the Office of the President noted, "As a consequence, in accordance with section 103 of the Constitution, the President has today appointed Mr Justice Roger Hamel-Smith, Justice of Appeal, to act as Chief Justice until the determination of all legal proceedings relevant to the complaint of the Chief Magistrate against the Honourable Chief Justice have been determined."

The release also noted that the President had acted after receipt of a letter from Sharma dated July 26 in which the CJ said, "I wish to assure your Excellency that I do not intend to preside over, or sit in, any courts pending the determination of all legal proceedings relevant to such allegations."

Sources said yesterday that it was the CJ's own letter which allowed the President to act against him.

Yesterday, the morning reportedly started with Sharma being called to President's House by the Presi-dent and told that he should consider proceeding on leave pending the determination of all the court matters against him.

The meeting started at 9 am and ended half an hour later. Contacted at his Maraval home yesterday, Sharma who sounded upset told Newsday, "I spoke with the President and he asked me to go on leave until the determination of the court matters. I told him that I will consider it and will get back to him on Monday."

He said that he was surprised to later learn that Justice Roger Hamel- Smith was appointed to act as Chief Justice even before he gave his answer to the President.

Section 103 of the Constitution states that, "Where the office of Chief Justice is vacant or where the Chief Justice is for any reason unable to perform the functions of his office, then, until a person has been appointed to and has assumed the functions of such office or until the Chief Justice has resumed those functions, as the case may be, those functions shall be performed by such other of the judges as may be appointed by the President, after consultation with the Prime Minister and the Leader of the Opposition."

On Monday, President Richards in an address to the nation announced that it was time for him to take "immediate action" as "a matter of necessity" to end the imbroglio involving Sharma.

Sharma's worries began in March 5, 2006, when in a report to the Prime Minister, Attorney General John Jeremie said the Chief Justice allegedly raised his shirt to show him a surgical scar across his abdomen saying that vascular surgeon Dr Vijay Naraynsingh had saved his life 14 years ago, and could not have murdered his wife. Sharma reportedly asked if the trial could be aborted. The CJ is alleged to have made these statements at the only meeting he held with Jeremie on the Naraynsingh matter on January 5, 2005.

The meeting according to the AG took place with Sharma three days after Naraynsigh was charged with the murder of his wife Dr Chandra Naraynsingh.

Subsequently, Prime Minister Patrick Manning asked the President to appoint a tribunal, but this was blocked by Sharma who sought and got leave to apply for judicial review of the PM's decision.

Then on May 5, the Chief Magistrate complained that the CJ had tried to influence the outcome of the trial of former Prime Minister Basdeo Panday.

After investigations, the State then moved to arrest the CJ, but the police and the office of the DPP were both blocked by multiple injunctions granted by Justice Judith Jones. The police and DPP filed an appeal which was heard yesterday and judgment in which will be given Monday.

Yesterday, Commissioner of Police Trevor Paul was asked what would happen to Sharma's security detail now that Hamel-Smith was acting CJ. Paul responded, "I will not respond to that question at this time."

Reliable sources however said the security detail had to be shifted to Hamel-Smith's residence.

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