A computer-generated list, showing the names of members of the ruling People's National Movement (PNM), turned up in court yesterday. But the list was never made public. No one saw the list, just Rose Janiere, the assistant general secretary of the PNM.
Janiere said she worked late into Monday night with others to compile that list. On Monday, at the request of English Queen's Counsel Geoffrey Robertson, Janiere was directed by Justice Vasheist Kokaram to produce the list of members of the PNM for scrutiny by the court. Robertson was representing UNC political leader Basdeo Panday and his wife Oma, in a judicial review case brought against Magistrate Ejenny Espinet. Janiere turned up yesterday morning with the list. So, too, did Michael Quamina, attorney for the PNM. Quamina said: "This is an extremely serious matter. The members of the PNM have a right to their privacy. They would not want their names to be put out there. What made it worse was the headlines in the newspapers–in the Guardian, "Panday to get PNM membership list," and in the Newsday, "Who is PNM?" Quamina said the court was really interested in three names–Alexander Chamberlain Alexis, John Jeremie and Ejenny Espinet. Kokaram asked about the trustees of the Morris Marshall Foundation. Quamina suggested that the judge be the person to peruse the list, or alternatively, the senior lawyers on both sides. Robertson felt that his juniors, who included UNC Oropouche West MP Mickela Panday, should have a look at the list.
Douglas Mendes, SC, who represented Espinet, said: "The concern is that Ms Panday is a member of the UNC and a member of Parliament...that's it."
Kokaram decided that in the interest of privacy of the members of the party, the list would not been seen by the lawyers in the case. He did not even want to peruse the document. He put the list in the hands of Janiere, after which questions were asked of her. By that time, Robertson was on his way to Piarco Airport to return to London for the historical opening of the Supreme Court of the UK. One of Panday's lawyers, Anand Beharrylal, asked about certain names, none of which were on the PNM membership list. Those included Espinet and her father, Alexis, who was a former minister in the Eric Williams Government. The list was then returned to Janiere to be taken back to Balisier House. Panday, the Leader of the Opposition, and his wife are charged with accepting a bribe of 25,000 pounds sterling from businessmen, Ishwar Galbaransingh and Carlos John. He said the committal proceedings began before Espinet on May 31, 2006. It was not until February 12, 2008, that the Pandays received information that the magistrate was a trustee and treasurer of an organisation named the Morris Marshall Development Foundation in Laventille.
They argued that the magistrate never disclosed her involvement in the foundation to any of the parties before her. Mendes, in his submissions, said Espinet was invited to sit on the foundation, to better the lives of people living in a depressed society. He said that Espinet, who came from Laventille, became involved to help the people out of poverty. That was her sin, Mendes argued. "She was introduced to the foundation by John Jeremie, who has been a member of the PNM since 1995..There is no evidence of the magistrate sharing any political view with the PNM."
Kokaram will give his decision on October 22.
