High Court judge Vasheist Kokaram has opted not to recuse himself from a case brought by suspended Integrity Commission deputy chairman Gladys Gafoor against three of her fellow commissioners. In giving his decision at the Port-of-Spain High Court yesterday afternoon, Kokaram said: "The fact that a litigant may not want a particular judge to hear his or her case is no ground for a recusal. There is no basis to have the
judge step down unless there are good grounds to demonstrate apparent bias."
The issue was first brought to light when Gafoor's attorney Clive Phelps wrote to Kokaram almost two weeks ago asking him to recuse himself from presiding over the judicial-review proceedings, which were set for trial later this month. In his 15-page judgement yesterday Kokaram rejected the four grounds for his recusal advanced by Phelps,and was critical of the way the application was presented. "The first misstep of the claimant is that the application for a recusal was made by way of a letter addressed directly to the sitting judge. This is wholly inappropriate," Kokaram said.
After he delivered his decision, Phelps said his client would appeal. Kokaram refused to grant an application to stay his decision until the appeal was determined. Gafoor has filed parallel lawsuits challenging both President George Maxwell Richards and Gafoor's fellow commissioners.
On July 12, Kokaram dismissed her motion against Richards, which questioned his decision t0 suspend her and appoint a three-member tribunal to investigate allegations made against her in December. Gafoor is challenging her fellow commissioners' decision last year forcing her to recuse herself from an investigation involving former Attorney General John Jeremie.
At an emergency hearing on Wednesday, Phelps claimed that Kokaram had made unwarranted and irrelevant comments about Gafoor. Phelps also said it would be improper for Kokaram to sit in a matter involving the president because he was chair of the presidentially-appointed Mediation Board.
Kokaram said his position on the board was voluntary and unpaid, and that he was selected by the Chief Justice. Attorneys representing the other parties described Phelps' submission as "totally irrelevant and illogical."