Former Chief Justice, Sat Sharma says just the same way he was targeted by the ruling People's National Movement Government, so too will other CJs, once they speak out. Sharma was sharing his views on Chief Justice Ivor Archie's stinging condemnation on Wednesday of Government's draft constitution, which he stated threatens the independence of the judiciary, as he championed the ideal of the separation of powers to prevent tyranny. Archie also voiced displeasure with cutbacks in funding, to which Finance Minister Karen Tesheira responded that all ministries were allocated less money than they sought in the 2009-2010 budget. Last Friday, the Government invited Archie to meet to discuss constitutional reform proposals.
The draft constitution was created by round-table talks after public consultations were held on an earlier draft created by former President Sir Ellis Clarke. Agreeing wholeheartedly with Archie's statements, Sharma said those in high office had a tendency to be punished for speaking the truth and openly. "Who could testify to that than me. I am a typical example. This is a question of d�j� vu." Sharma fears that like him, Archie will be targeted. "That is part of the job. The judiciary has always been an easy and sitting target for the executives. We know that," he continued."This is a thing all Chief Justices have had to do. We've had our struggles, you know, at times. All we wanted was complete autonomy."
Sharma was the first CJ to be charged with improperly seeking to influence Chief Magistrate Sherman Mc Nicolls in his decision in the Basdeo Panday integrity trial. Sharma said rather than accede to Archie's request for complete independence "they (Government) are in fact undermining the judiciary by withholding funds and doing the complete opposite." He pleaded with the Government that this was not the right time to dig dirt. Historically, the judiciary has never been a high priority "because it was never a political constituency. It has always been in a state of neglect," Sharma said.
Commenting on the constitution, Sharma said if it is what he perceives it to be, "it's going to be a serious threat to the rule of law. "If we don't apply the rule of law and instead, it be replaced by the rule of man... then we are finished. It certainly is far reaching. Anyone who holds the pull string can control you." Sharma said the judiciary must be kept strong and alive since this was of utmost importance. Speaking about the 51 consultations on the draft constitution which the Government intends to hold in the country and chaired by Dr Hamid Ghany, Sharma said this should not be pre-ordained. "These are not political meetings. You can't put any target down for people." Sharma said unions, NGOs and the public should also have a lively debate and open discussions on the constitution. (SH)
