The Prime Minister, by the creation of a justice ministry, wants the courts and the Judiciary to be accountable to him and his Government. “This is not democracy. This is dictatorship,” attorney Ramesh Lawrence Maharaj contends. He makes the comment in an interview with the Sunday Guardian when asked about Manning’s announcement at a PNM Monday night meeting in Sangre Grande of Government’s proposal to introduce a justice ministry.

Manning said the Judiciary will have to account to the ministry which will have “responsibility to provide all the Judiciary requires to be able to exercise, independently, their independent function.” Manning further stated: “And the best way we believe that could now be done is by way of a ministry of justice.” Noting that there was the potential for encroaching on judicial independence, the PM said the initiative was considered as part of the Government’s proposed Constitution reform. Maharaj sees nothing wrong with the Judiciary being accountable to the Government in respect of administrative matters, like a backlog of cases.

“Government is accountable to the Parliament for issues like a backlog of cases in court and issues relating to administration in the justice system.” He states further, “But the Prime Minister cannot question the judgement of a court, unless he questions that judgement in an appeal to a higher court. “He can only make them account to a higher court. The Judiciary and the courts are not accountable to the Government for their decisions.” He said Manning called for a justice ministry while telling supporters of judges who declare the actions of Government illegal.

Dangers of the ministry

Maharaj said the dangers of the ministry of justice proposed by Prime Minister Patrick Manning were in the powers which he articulates the minister will have in respect of the Judiciary.
He said the courts have a role, however, as part of the Rule of Law, to declare decisions and actions of the Government illegal, if they are contrary to the Constitution or the principles of public law.
Maharaj said the Rule of Law, the independence of the Judiciary and the courts and the separation of judicial, legislative and executive powers are the three pillars of democracy. “They are also the three pillars which constitute the foundation of the Constitution of T&T.
“Human rights and fundamental freedoms cannot be enjoyed if the Government controls the Judiciary and the Courts. That is tyranny.”

Privy Council reversal rate high

Manning, at the Monday night meeting, also criticised those who did not support the Caribbean Court of Justice (CCJ) replacing the Privy Council. He said the Privy Council went out of its way to ensure that the death penalty is not carried out in T&T. He said the CCJ was not a hanging court but an arrangement that is closer to T&T’s aspirations. Maharaj said the CCJ, in a judgement in a death penalty case, agreed with the principles decided by the Privy Council in respect of delay in carrying out the death penalty. “Even if the CCJ did not agree, that cannot be a reason for not having the Privy Council.”

He recalled that Manning, in 2000, did not support an amendment to the Constitution which he (Maharaj) introduced when he was Attorney General. Manning, as Opposition Leader at the time, told Parliament that people convicted of murder must enjoy their human rights. Maharaj said, in recent times, the reversal rate of decisions of the Court of Appeal by the Privy Council is approximately 80 per cent.
“Most of the cases involving the enjoyment of human rights decided in favour of the Government locally have been reversed by the Privy Council. The victims of these violations succeeded in the Privy Council,” Maharaj said. “What is wrong with our system in which there are so many reversals in respect of matters which affect the rights of individuals?” The Privy Council cannot be aborted as the final court of appeal for T&T citizens unless the move is supported by the public, he said.