PORT OF SPAIN, Trinidad, CMC – The Court of Appeal will rule Monday whether a High Court judge erred when she granted an injunction preventing the police from arresting Chief Justice Satnarine Sharma on charges of attempting to pervert the course of public justice.
But, even if the Court rules that the injunction should be lifted, the police will still not be able to take Sharma into custody – at least not until the London-based Privy Council hears the matter.
The British law lords, acting on an application from Sharma’s lawyers, ruled last Thursday that the injunction should continue to be observed unless the Privy Council rules against the chief justice.
On Friday the Court of Appeal, comprising Justices of Appeal Margot Warner, Ivor Archie and Paula-Mae Weekes, heard arguments from lawyers representing Sharma and state agents but reserved judgement until Monday.
Lawyers for Police Commissioner Trevor Paul, his assistant Wellington Virgil and the Deputy Director of Public Prosecution Carla Brown Antoine have called on the three-member court to “set aside a poorly drafted and inadequate injunction” that Justice Judith Jones granted after Sharma filed an application for judicial review on the grounds of political interference and bias on the part of the State in bringing charges against him. That matter is scheduled for hearing in early October.
Senior Counsel Douglas Mendes argued that there was no evidence either that the prime minister or the attorney general had sought to influence the laying of the charge against the chief justice.
The allegation against Sharma stems from accusations made by Chief Magistrate Sherman Mc Nicolls that he tried to influence the judgement in the trial of former prime minister Basdeo Panday.