Dear Editor,
Chief Parliamentary Counsel, Cecil Dhurjon and the Head of SARA, Dr Clive Thomas, made it quite clear that the proposed legislation on the State Assets Recovery Agency will not protect current or future presidents.
The statement was made despite Article 182 of the 1980 Constitution which states that the President shall not be personally answerable to any court for his performance of his functions in his personal capacity. The Chief Parliamentary Counsel said “no one is immune from criminal law” and added “we draft our laws and everyone is expected to abide by it. No matter who you are”.
This clears the air for some who feel that the President is immune from prosecution, regardless. Dr Thomas said that there is need to break the “sick” culture where some officials believe that it is their birthright to take assets of the state and use them at their will and pleasure.
Three days before the symposium in Georgetown which was attended by distinguished legal and diplomatic officials, a few lawyers in the diaspora were discussing the immunity clause in the constitution and it was the consensus of the lawyers that the Caribbean Court of Justice (CCJ) should be asked to interpret Article 182 to ascertain whether the rule of law overrides immunity. It is felt that immunity is only applicable when one acts above board but that illegal activities cannot be tolerated.
It should be borne in mind that laws cannot criminalize the act retroactively. The President can be immune from suit because he/she does not represent the crown. However, the Attorney General can be sued on behalf of the state if the President commits a wrong.
The famous Trinidad case which went to the Privy Council shows that the state is liable for wrongs committed by a judge in his judicial capacity, even though judges were not liable at common law. Ramesh Maharaj who was jailed for contempt of court wrote a book on the case entitled Barrister behind bars.
Members of the diaspora are concerned about reports of fraud and other dishonest acts by government officials, and they feel that it was high time that appropriate action be taken against the wrongdoers.
Yours faithfully,
Oscar Ramjeet