Kangaloo cautions Roberts on Piarco comments

SENATE President Christine Kangaloo cautioned Opposition Senator Anil Roberts against making a political interpretation of Monday's Privy Council ruling on the Piarco Airport corruption case.

She did so during an abbreviated debate on a private motion on the Caribbean Court of Justice (CCJ) in the Senate on Tuesday.

The leaders of the government, opposition and independent senatorial benches agreed to a shortened sitting of the Senate due to Trinidad and Tobago being under a tropical storm warning. The Senate will next sit on Thursday at 2.30 pm.

On Monday, the Privy Council held that the complaint by the accused of apparent bias against then Chief Magistrate Sherman McNicolls was sufficient to strike down their committal to stand trial before a judge and jury.

In an interview on Monday after the ruling, Director of Public Prosecutions (DPP) Roger Gaspard referred to the public-interest considerations he would have to take into account before making a decision on the future of the matter.

"This is not an automatic decision, this is something that requires more mature consideration. The judgment only came out today (Monday).

"Whatever decision is made, fairness must be the touchstone," he said.

In his contribution, Roberts tried to use the judgment to support the Opposition's case for the retention of the Privy Council as TT's final appellate court. He disagreed with Independent Senator Dr Maria Dillon-Remy's early argument in support of the CCJ to replace the Privy Council in this role.

Roberts said the Atlantic Ocean separates the Privy Council from the Caribbean and TT.

"With distance comes an impartiality without the veneer of red or yellow."

He claimed TT had a history of independent institutions being undermined by politics.

Kangaloo cautioned Roberts when he alleged that the judiciary is "rotting from the poison of balisier juice."

She warned him against making comments that bring the administration of justice in TT into disrepute.

"You are imputing certain things and you should not do that."

Roberts claimed Basdeo Panday, Dr Tim Gopeesingh, Brian Kuei Tung and Ishwar Galbaransingh were among people who have been vindicated by the Privy Council.

"All of these were UNC people." Kuei Tung and Galbaransingh are two of the defendants in the Piarco case.

He insisited that Monday's judgment supports the Privy Council remain as TT's final appellate court.

"This judgment is critical because it involves a case of which we are speaking. The cases that have politics in it. Whether one side is in government or the other is irrelevant."

Roberts read excerpts of the judgment

"It is suggested that the appellants failed to demonstrate that the observer would conclude that the chief magistrate (McNicolls) pre-disposed to determine matters against the appellants or the co-accused. In recognition that actual bias is usually difficult to prove, no such demonstration is necessary, merely that there is a real possibility that the judge lacks impartiality."

Kangaloo intervened.

"That is where Senator Roberts, I have to intervene." She told Roberts, "That conclusion that you are drawing. You are casting aspersions."

Kangaloo had no problem with Roberts reading from the judgment.

But she told him, "When you put that particular slant on it, you are imputing improper motives." Roberts heeded Kangaloo's ruling.