Judges, lawyers remember Sharma

SENIOR Counsel Russell Martineau paid an emotional tribute on Friday to retired Chief Justice the late Satnarine Sharma at a special sitting of the Supreme Court at the Convocation Hall of the Hall of Justice, Port of Spain.

Sharma died on October 9, aged 76.

Martineau, a longtime friend of Sharma’s, spoke on behalf of the Law Association, of which he is a former president, and on behalf of Sharma’s family.

Martineau was unable to contain his emotions, and his booming voice broke as he spoke of their last encounter, which, he said, cemented their long-standing friendship.

Also eulogising Sharma at the special sitting was Justice of Appeal Prakash Moosai, who also shared a long friendship with Sharma, having joined his chambers in 1981; Attorney General Faris Al-Rawi; and a registrar of the High Court.

All four spoke of Sharm's achievements as a judge, all of which are well documented; his pioneering judgments, which included a precursor to the Cohabitational Relationship Act, which recognises common-law unions; the introduction of the Civil Proceedings Rules (CPR) and the Family Court, which Sharma described as the most important court in the Judiciary; and the imposition of an award of vindicatory damages to punish a wrongful act.

They also shared personal anecdotes.

Martineau spoke of Sharma’s care and concern for the underprivileged and his “deep feeling and respect for them.”

“He reminded us of the preamble to the Constitution, of the equal and inalienable rights of all,” he said.“He was a judge and chief justice for all of the people.

"He was a distinguished judge whose integrity and independence was unquestionable,” Martineau added, also describing him as a scholar and intellect.

“Humility was his hallmark,” he went on, also speaking of the “courage and dignity” he exhibited when Sharma “faced his most difficult and darkest days as chief justice,” referring to his impeachment, after which he was cleared by an independent tribunal on the eve of his retirement in 2008.

“In the end, light prevailed over darkness,” Martineau said, adding that it was perhaps serendipitous that Friday’s special sitting was being held during Divali.

Moosai said while caustic, Sharma was never malicious, and was the kindest of men, who administered leadership with humility, as evidenced by the guard of honour staff formed in the basement of the Hall of Justice on the day he retired, January 25, 2008.

Moosai also remembered him for his wit and incisive analysis of the law and his in-depth knowledge of society.

“John Public left his court knowing justice was served fairly,” the judge added. “He had a keen sense of issues the man on the street had to deal with.”

He ended his tribute with a poem by Sharma’s favourite poet, Rabindranath Tagore.

Al-Rawi recognised that the role of chief justice was not an easy one since the office-holder had to sit and pronounce on judgments as president of the Court of Appeal while managing the “monster” that was the administration of justice.

“It is not an easy task, but he brought empathy and a unique perspective to it,” Al-Rawi said, adding that Sharma also brought the first wave of reform, with the introduction of the CPR standing as the greatest achievement of the Judiciary under his stewardship.

“TT stands a little darker with his death,” he said.

Chief Justice Ivor Archie, who succeeded Sharma, acknowledged his deep and lasting contribution to the administration of justice and the lives of many judges who sit on the bench.

Present at the special sitting were Sharma’s widow Kalawaty, and one of their two sons, attorney Shiv Sharma, his wife and their two children.