BUT seriously, legal
sense is not common sense.
We are only seeing a display of arrogance and ignorance, not level-head
and common sense.
For the last few weeks, I have been writing this article with
daily changes.
For every day, some people will open their mouth and make a fool
of both their portfolio and themselves.
To date, no female has been involved.
And no one has made any pathway, without being tainted by politics
and race.
It is a known fact that the top officials of this country, namely
the President, Prime Minister, Chief Justice, Speaker of the House
of Representatives and the President of the Senate, cannot be
removed from office with the simple process of a criminal warrant
or any warrant for this matter.
There has to be a process, similar to that of President Clinton
and the Monica Lewinsky issue.
This process is well known as evident by a process that was mentioned
in April, 2005 but was stopped by an application for judicial
review.
The stance by a top police official to act alone and independently
and to issue an arrest warrant is in itself not only comical but
a dangerous precedent.
He did say that he acted alone and did not inform anyone.
Other officials denied prior knowledge of his actions.
Like macaroni, you can act from high ground that is dry, thus
remaining hard and straight.
But when macaroni is in hot water, it will turn soft and bend.
The President in his speech stated two points that must be remembered.
He first stated that he spoke with Justice Judith Jones and also
“with every single judge of the Court of Appeal”.
In other words, any future decisions by these judges have been
compromised by prior discussion.
Further, while the Chief Justice is being condemned for an allegation
of interference, they are all silent on the issue of the President
admitting that he met with judges on this issue.
The second point is that “there must be one law for all,
rich or poor, big or small”.
This must first be taken with the background that the President
cannot be taken before the Courts of Trinidad and Tobago.
Further is the President stating that he will accept being handcuffed
and placed in the Remand Yard?
How is it that some people are allowed to report to the police
station when there is an arrest warrant?
But for Basdeo Panday, jeeploads of police officers were jumping
over his fence in Phillipine or wanting to interrupt a meeting
with visiting Indian Parliamentarians at the Opposition Leader’s
office!
For the Chief Justice, the warrant was taken to his home on a
Friday evening, a Friday evening!
Since much has already been said, let us analyse the situation
with common sense, a level head and minus politics and racism.
In April, 2005, the President should have suspended the Chief
Justice and appointed a tribunal with a time limit for its final
report.
The President did not act.
The Chief Justice applied for judicial review and was granted
a hearing in the course of natural justice.
Later mediation was taking place behind closed doors.
And 16 months later, the “expeditious” determination
is still awaited.
In April, 2005, the Chief Justice should have stepped aside and
allowed the tribunal to make its decision within a given time
frame.
Of course, he has the right to appeal any decision.
The Chief Justice must remember that he is the head of the judicial
service and he cannot be the accused, standing before the same
judicial service.
The decision by those in authority to treat this issue similar
to that of a normal citizen committing a criminal offence shows
quite clearly the immaturity of our society.
Even the President became involved.
For the police commissioner to state that he made an independent
decision to arrest such a high-ranking official without consultation
of the Prime Pinister, Minister of National Security, Attorney
General, Director of Public Prosecutions, etc. is not to be accepted
and this must be the last occasion that such will occur.
Worse yet he continues, “my officers did not break down
the door as would normally happen”.
This is left to one’s interpretation and we hope that the
door is replaced by the Police Service if ever a door is broken
down.
Now that the President has appointed an Acting Chief Justice,
based on a letter from the Chief Justice, it is now more confusing.
The Chief Justice in a letter stated that he will no longer provide
any judicial duties but only administrative duties.
The President, in his interpretation, assumed this to mean the
absence of a Chief Justice and appointed an Acting Chief Justice.
It thus begs the question; do we have a Chief Justice performing
his administrative duties and an Acting Chief Justice providing
judicial duties?
In other words, do we have two functional Chief Justices?
And now that the Appeal Court has ruled, does this mean that the
Chief Justice will soon be on the front pages with handcuffs?
And who are the chosen police officers who will proudly be at
his side?
This is a once-in-a-life-time experience.
But seriously, Carnival is bacchanal but bacchanal does not only
occur at Carnival.
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