Law Assn consultation

SHARLENE RAMPERSAD

Attorney Subhas Panday says there is a problem with gang warfare within the Judiciary. Speaking at the Law Association’s Committee on Judicial Appointments’ public consultation at the San Fernando City Hall Auditiorium, Panday said the public views the appointment of judges as a boys’ club playing their games.

The panel included Justice Desiree Bernand (as chair), Dr Terrence Farell, David Abdulah, Rajiv Persad and Vanessa Gopaul. “Everybody sees the appointment of judges as a boys’ club playing their games – that is the perception out there and those kinds of appointments have us in the problems in the judiciary we have today,” Panday told the panel.

“The type of appointments that are being made – we have a problem where we have gang warfare in the judiciary: one set fighting the other set, and that does not augur well for the country.” He said most of the criminal judges appointed come from one office.

“Take for example, the criminal judges – most of them come from one office: people who have never practised before, people who were on fixed incomes, people who if they worked or they didn’t work, they had their salaries coming in. They didn’t know how to deal with the outer world and we see they become judges, they are appointed judges, and then the people who fight against us are from the same office as the judges.”

To ensure that does not continue to happen, Panday said the Judicial and Legal Services Commission should have a policy that is known to the public.

“Because you see some criteria here which is really nebulous and worthless, it is so wide that any number could play. They must inform the public (of) the persons who want to apply, what are the main criteria.” He said he feels appointments must represent all the people of the country.

“When the present chief justice was appointed, I remember the then Chief Justice (Satnarine) Sharma saying, ‘This judiciary must represent everybody in TT. Look, we even have somebody from Tobago.’