Dear Editor,
The overwhelming majority of respondents of an opinion survey conducted by NACTA in Trinidad say they have lost faith in the judiciary in the light of the recent outcome of two high-profile cases in which the government suffered reversals.
People feel that Chief Magistrate (CM) Sherman McNicolls, who convicted Basdeo Panday, should step down and that a Commission of Inquiry should be held regarding his refusal to be cross examined as a witness in his complaint against the Chief Justice Sat Sharma. Large majorities of Trinis say that the CM and Basdeo Panday cases were politically motivated. Respondents feel CM McNicolls was biased in his handling of the Panday criminal case and supported the quashing of the conviction by the Appeal Court. They also feel that since Sharma was vindicated in court, he should be restored to his full duties as CJ. Sharma was suspended by the President, Max Richards, from performing his duties because of McNicolls’s criminal complaint.
The survey, conducted over the last week, randomly interviewed 432 respondents to obtain their views on current issues including the Sharma and Panday court matters. The survey was conducted by New York-based pollster Vishnu Bisram.
Most respondents are of the view that there was a plot involving McNicolls to hound the CJ and Panday out of office. Asked if they think there was a political plot to run the CJ out of office, 62% of the respondents said yes with only 21% (primarily PNM supporters) saying no. Asked if there was a political plot to convict and remove Basdeo Panday from parliament, 57% said yes with 24% (mostly PNM supporters) saying no.
Almost every opposition supporter feels that Panday was selectively prosecuted for failure to declare his bank accounts and expressed confidence that the conviction would be reversed by the Appeal Court. They say PNM officials ignored the integrity law and were not prosecuted. They also say the CM was biased in the Panday judgment. But most PNM supporters don’t think Panday’s prosecution was/is politically motivated. Almost every respodent said they don’t have confidence in the judiciary.
Asked if they think Chief Magistrate McNicolls is/was a credible witness in the Sharma affair, 73% said no with only 16% saying yes. Asked if they think McNicolls should resign from his post as CM, 63% said yes (includes those who say he should step down pending an inquiry) with 23% saying no and 14% who offered no response or who said they are not sure. Many people expressed the view that McNicolls was used by the Attorney General John Jeremie, in a plot to get rid of the CJ and remove Panday from parliament.
With regard to the Panday matter that was before the Court of Appeal, a large majority of respondents felt that the Court of Appeal would overturn Panday’s conviction. UNC supporters reposed strong confidence in the legal skills of former Attorney General Ramesh Lawrence Maharaj to free Panday from conviction. Panday fired Maharaj in 2001 when Maharaj called for an investigation into corruption triggering the collapse of the government. People felt that since Maharaj saved Panday before (in a criminal case in 1995) he will save Panday again from going to jail. Asked if they think Maharaj would win Panday’s appeal, 60% said yes with only 13% saying no and 27% saying they are not sure.
Asked if they think President Max Richards should fully restore Sat Sharma to his duties as CJ, 63% said yes with 16% saying no and 21% saying they are not sure. Opposition supporters feel the President is acting politically and is hurting his image as a neutral official.
Yours faithfully,
Vishnu Bisram
