Sharma: Govt can move on Archie

Former Chief Justice Satnarine Sharma yesterday said Government does not need to wait on a report from the Director of Public Prosecutions (DPP) before moving on allegations regarding Chief Justice Ivor Archie.

Sharma was one of three former chief justices written to by Senior Counsel Israel Khan and called on to make a public statement on the conduct of Archie and the effect allegations against him are having on the Judiciary. Khan had also written to former CJs Clinton Bernard, Michael de la Bastide and referred to Justice Ronnie Boodoosingh’s letter to Archie and judges of the Supreme Court, in which he warned that the allegations had the potential to shake judicial independence and the separation of powers, reduce public confidence and open up judges to blackmail or worse.

Sharma responded yesterday to Attorney General’s Faris Al-Rawi’s statement this week that when Section 137 of the Constitution was used in the past by an executive to remove a chief justice it was on the advice of the DPP. Al-Rawi, speaking at the post-Cabinet news conference, said Government had not seen anything to trigger Section 137.

The section was last used in 2006 against Sharma when the DPP had reported his case to then prime minister Patrick Manning. Sharma said, however, there is a broad spectrum of misbehaviour in public office.

“You don’t have to wait on the DPP.”

He said if for whatever reason the DPP does not want to report on an issue Section 137 does not confine you to a DPP report and in the case of Archie the matter is at large.

“I cannot tell the Attorney General how to run his office.”

Asked if he believed there was enough evidence to invoke Section 137, Sharma responded that a lot depends on how Archie answers to the allegations.

“Until the whole thing is fully explored you really cannot tell. A lot of things are missing still. No answers have been given.

He has not explained anything at all.”

Sharma said it is a matter of opinion if, even without Archie giving these answers, the Government could invoke Section 137 and said Government would have to take legal advice.

President of the Law Association Douglas Mendes SC yesterday confirmed the association had retained two senior counsels to advise whether allegations against Archie rise to the level of misbehaviour under Section 137. Mendes said he was not at liberty to reveal the names and he could not say when their work would be completed. He did say it was his personal view that Government should be also have lawyers looking at the issue.

It is alleged that Archie used his position to fast-track applications for Housing Development Corporation (HDC) homes for a number of people and attempted to influence Supreme Court judges to switch their provided security to a private firm to benefit a friend.

He responded to the allegations in a release saying he had put forward the names of needy people for HDC homes. Sharma in a media report said Archie should give an explanation and this release only skirted the issues.