CATEGORY:COMMENTARY
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By Lloyd Noel (Attorney-at-law)


"Justice is so necessary and so relevant for each and every one of us that no price is too high to obtain it and preserve it. To let others take it away from us - is tantamount to a return to slavery before Emancipation."




In this “Global Village” we are occupying for sometime now - which was once upon a time almost a marvel like those other planets we knew nothing about then, and hardly much more now - we seem to be always doing things, taking decisions, treating others (whether individuals or Countries), and generally going about our business as though no one else matters at times, or no other State or Nation occupy the same Village.

And what is so sad and very dis-comforting, is that because of who or what we are or represent - the same wrongful, un-principled, arrogant, or
advantageous actions and atrocities are perpetrated over and over again, as though those tyrants are devoid of any senses of reasoning or understanding
of how others feel.

The chaos and confusion in Iraq, and now in Lebanon, are very clear examples of what is happening in the Global Village that have gone way beyond common sense and humane reasoning.

In the Case of Iraq, the situation is getting increasingly worse off every passing day; and there is no visible sign on the distant horizon that it
will get better or improve with time. On the Contrary, the brutality, and lawlessness, and the very brazen actions of those hell bent on disrupting and opposing the systems that have been put in place by the foreign occupiers - these are more than enough to send home the message, that the price being paid in human lives can never be justified on either side.

And one of the issues that should be giving very serious causes for concern, in the more than over-played theme song of bringing, or trying to
impose western style democracy on a people that is ill-prepared to accept or absorb it - is that in the very citadel, where the said democracy is
supposed to reside in all its splendor and fullest accommodation, the majority have been saying for some time now, that the continued presence, or
occupation, or forceful implementation, have failed to provide the answers or solutions - so pack up and move out. Yet the powers-that -be are clearly not practicing what they are preaching to the Iraqi people. What price are we willing to pay for democracy?

And now almost next door in Israel and Lebanon, the human carnage is continuing un-abated, and a people and their homeland are being wiped out - in the process of pretending to be getting rid of the enemy Hezbollah, so as to return to the Lebanese people sovereign control or their territory. Who is trying to fool who? Amidst the sadness and utter disgust, surrounding the senseless killings of innocent women and children - on the pretext of hunting out
those enemies of Israel who are hiding in their midst - the Israelis are mouthing meaningless apologies for their reckless actions, while the
Super-Power-Backers in Washington D.C. continue to make the flimsy excuse that poor Israel has to defend itself.

Whatever sympathy that the people of Israel had initially obtained, or attracted because of the un-expected attack on Haifa - these have long since
disappeared, amidst the bombs and air attacks, and wanton destructions of the homes, and airport, and roads and bridges of the Lebanese people.From Past experiences, the longest day has an end.

And then we come home on our CARICOM neighbor’s doorstep in T&T - where we are witnessing a different kind of witch-hunt, by those with power and authority and in control of the ship of State. But not unlike the madness in the Middle East, the happenings in T&T with regard the Judiciary and the
Chief Justice in particular, can and will have serious long-term and deep-seated repercussions, both in T&T and in the region as a whole.

After it was revealed that the Chief Justice had decided to step down from presiding in the Court and deal only with administrative matters in his
chambers - the breaking news came out, that the President of the Republic of T&T had taken the decision to suspend the Chief Justice from all duties and responsibilities to do with the office, and he had appointed another Court of Appeal Judge to act as Chief Justice in the meantime.

The suspension seems open-ended, in that it did not say pending the outcome of the alleged Criminal charges, or the Civil matters dealing with the Judicial Review cases filed by the Chief Justice. But according to our Constitutional expert in Grenada, Dr. Francis Alexis, it seems that the President had jumped the gun and over-stepped his
authority under the T&T Constitution.

The President does have authority to suspend the Chief Justice, or any other Judge for that matter - but he can only do so, if and when there is
impeachment proceedings against that Judge. And I would assume, that if there is also a Criminal charge validly laid by the police or the D.P.P - the President can also take action. But the Privy Council has ruled, from an undertaking by Counsel for the State of T&T, that the Chief Justice must be allowed to exhaust his legal rights through the Courts, up to the said Privy Council, before any charges can be laid against him. So where does the President derive his Super power authority, to take such action that appears in contravention or in breach of the Privy Council’s ruling?


The President in T&T does not have any Executive authority. His actions, with very few exceptions, always have to follow advice and consultation and
direction from and with the Prime Minister or leader of the Opposition, as the Case maybe, and as laid down in the Constitution. So who has he taken advice or direction from, in deciding to suspend the chief Justice?

As a part and parcel of the Executive arm of Government, in the context of the Separation of powers under the T&T Constitution; what message is he sending to the people of T&T and the region as a whole, when he takes that level of action against the head of the Judiciary - the Pillar which is
supposed to stand between the said Executive and the Legislature, in protecting and upholding the rights and freedoms of the people of T&T? It certainly leaves many to wonder aloud.

But while all these very questionable actions are taking place in the Republic, with no apparent regard and due consideration for the sanctity of
the Office of Chief Justice, and the great significance of an Independent Judiciary in any democratic society - the very Institution that the
politicians are hell bent on abolishing in London, it had to come to the rescue to again demonstrate that our Politicians are simply not up to the
required level - to exercise total and final control over the people of the region, when it comes down to rights and freedoms. And so the cases or complaints against the Chief Justice are now destined for consideration by the Privy Council in London.

I cannot help wondering, however, what those Judges who have accepted positions on the struggling-to-get-off-the-ground -C.C.J. - maybe thinking, as they witness first hand the treatment being meted out to C.J. Sharma, by the political bosses under the guise of the rule of Law?

Those who are thinking otherwise, should contact retired Justice of Appeal Redhead, of the OECS Supreme court, to get first hand information
about the pettiness and spitefulness of our regional politicians - when as Judges, who may have ruled against them, you have to deal with their
administration. That is, of course, if they should be feeling any embarrassment - by enquiring of their own President La Bastide, who had first hand experience as Chief Justice of the very Republic of T&T.

May the good Lord above, continue to lend a helping hand to preserve the services of the law Lords here on earth for some time to come. And in so doing, to keep the chaos, and confusion, and mayhem of the Middle East, as far away from our relatively peaceful region.

Because when respect and due consideration for the system and the offices we have adopted to guide our lives, and which have served us so well and so
faithfully for all those years, are brought into such ridicule and contempt on the altars of Political expediency - the only outcome will be, a complete breakdown of Law and Order, and the rule of dictators with guns and bullets, or anarchy.

If still in doubt, check our Grenada’s experience 1972-78, and the chaotic outcome that brought about the 13th March, 1979 and the resulting
consequences of October, 1983.

Just beneath the surface across the Region, many things pertaining to the Rule of Law, and fairness and Justice, are not at all as they should be -
hence those of us who are concerned about the immature preparation, and our readiness to move out on our own final Appeal Court.

Delays in the Courts, are worse now than ever before. Those who control the purse strings, seem to forever forget that the very incidence of Crime and
other Court activities have multiplied a hundred fold; yet some of the provisions and facilities for dealing with the doubled workload are still
the same as two or three decades ago. But those same Controllers are spending Millions on CWC2007 for two months next year.

Just look at how the Privy Council expeditiously set the Chief Justice Court actions in train, and by extension got the T&T Court of Appeal Judges
to also wake up, and realize the magnitude of what was taking place inside and outside their very own Courts, and to do something urgently.

Were they too busy, too timid, or simply too afraid to give the confusion the prime time the situation demanded, because of the significance of the
office - in case they upset the politicians in the PNM? That was until their senior colleagues in far away London showed them the way; so maybe our Judges need the Privy Council to guide them along, even more than our suffering people.

Justice is so necessary and so relevant for each and every one of us - whether as individuals or as a people - that no price is too high to obtain
it and preserve it. To let others take it away from us - is tantamount to a return to slavery
before Emancipation.