Oath-taking causes CCJ Commission controversy
By Rickey Singh
Guyana Chronicle
August 24, 2003
"The swearing-ceremony was just a ceremonial occasion based on the treaty signed and ratified by participating member countries, among them Trinidad and Tobago, and is binding...” - Glenda Morean, Attorney General
THE REGIONAL Judicial and Legal Services Commission (RJLSC) appointed to serve the emerging Caribbean Court of Justice (CCJ), concluded its three-day meeting yesterday amid controversy over the legality of the oath-taking ceremony performed by Trinidad and Tobago's Chief Justice, Satnarine Sharma.
Eight of the 10 members appointed to serve on the Commission, which will have powers to appoint and dismiss judges of the CCJ, were sworn in by Chief Justice Sharma at a simple ceremony on Thursday.
They spent the past three days making arrangements, including advertising for candidates, to serve on the panel of judges for the CCJ, preparing recommendations to CARICOM heads of government on the appointment of the President of the court.
But as they deliberated, questions were being openly raised, first by the Trinidad and Tobago Law Society, about the "legal authority" of the Trinidad and Tobago's Chief Justice in performing the oath-taking ceremony for the Commission in the absence of any legislation in the country recognising the legitimacy of the CCJ.
Then followed a legal challenge from the main opposition United National Congress (UNC) claiming, in a motion filed late Friday, that Chief Justice Sharma may have acted improperly in administering the oath to the members of the Commission as there "is no Act of Parliament recognising and nor incorporating the CCJ."
Contacted by the "Sunday Chronicle" yesterday for an official explanation, a spokesman for Attorney General Glenda Morean, who was absent from the oath-taking ceremony, due to another engagement, said:
"The swearing-ceremony was just a ceremonial occasion based on the treaty signed and ratified by participating member countries, among them Trinidad and Tobago, and is binding.
“In accordance with the terms of the CCJ treaty", the spokesman added, "that with the exception of the President, the respective head of the judiciary of the contracting parties provides a letter of appointment to a national of the country appointed to serve on the Regional Judicial and Legal Services Commission.
"Therefore, what happened in Port-of-Spain on August 21 was a ceremonial event performed by the Chief Justice of Trinidad and Tobago of those members who were properly notified of their appointment to the Commission".
However, it has been pointed out that assuming the accuracy of the procedure as stated by the office of Attorney General Morean, there would still need to be some further explanation for the appointment to the Commission of the Chief Justice of Barbados, Sir David Simmons, since he is head of the local judiciary.
The spokesman promised to investigate, but said he was confident "that appropriate procedures have been followed in all the appointments to the Commission, as well as the role played by Chief Justice Sharma".
In its intervention that coincided with the swearing-in ceremony, the Council of the Trinidad and Tobago Law Society expressed its concern that "no legislation" existed in the country for the CCJ or even to recognise the existence of the RJLSC.
In the circumstances, it said, the Council "can only hope that those responsible for the swearing-in at this time have properly satisfied themselves as to the legitimacy of the exercise.
"If not, it would be most unfortunate since every care must be taken in every step towards the establishment of what is proposed as the final court of Appeal (also) of Trinidad and Tobago".
The controversy was swiftly joined by the UNC opposition whose parliamentary support is necessary to amend the country's constitution to enable the CCJ to replace the Privy Council as the final appellate court also of Trinidad and Tobago.
The UNC, which has been withholding such support, has now allowed one of its parliamentarians, Chandresh Sharma, to file an application in the San Fernando High Court to declare as "null and void and of no legal effect", the oath-taking ceremony performed by Chief Justice Sharma
The court's vacation period ends on September 15, but the application from MP Sharma said the matter is "fit for urgent hearing".