(Trinidad Express) – Paula-Mae Weekes created history in becoming this country’s first female President in 2018. And now a historic move has been made to remove her from office. Opposition Leader Kamla Persad-Bissessar yesterday acknowledged that this move stands to be defeated in the Parliament but emphasised that this is the only recourse at this time in interest of the public as one cannot “lock up” or “ill speak” the President.
Speaking at a news conference at the Opposition Leader’s Port of Spain office, Persad-Bissessar said a motion signed by all 19 Opposition MPs was filed in the Parliament on Thursday pursuant to Section 36 of the Constitution for the establishment of a tribunal to investigate the removal of President Weekes in respect of the imbroglio surrounding the collapse of the Police Service Commission.
She said this would ensure that the country would have a President who is open to scrutiny, adding this is called an “impeachment” in other jurisdictions.
Persad-Bissessar noted that the President is elected by members of a combined House and Senate and likewise, proceedings to remove a President must be initiated by at least two thirds of the vote of a combined House and Senate.
Having already filed the motion, she explained that the next step will be for the Speaker to have a joint sitting and the motion will be debated.
Persad-Bissessar said the “burning question” would be whether the MPs and senators, including the Independent senators, would hold the President to account.
She said if the motion is passed, a special Tribunal will investigate the facts and report back to the Parliament, who will then decide on those findings.
Why bother?
Persad-Bissessar said people have said why bother as this motion will fail but she said it must be done in a bid to get answers as she noted that the motion is stronger than any other motion on the Standing Orders.
She added that when the debate takes place she will call for the whips to be removed on the Opposition and Government benches to allow members to vote in accordance with their conscience.
She said when the motion is debated, all members of the Parliament will have an opportunity to demonstrate that they stand for public accountability, due process and that they care for the Rule of Law.
“In the event the motion is defeated, we would have a President who would have been open to scrutiny in the eyes of the public. I hope that the nation can embark upon this constitutional process, designed to uncover the truth and to hold those in responsibility to account,” she said.
Persad-Bissessar added that the President, the Prime Minister, the Attorney General, and the Acting Director of Public Administration among many others must be summoned as witnesses before the tribunal.
Persad-Bissessar said this is necessary as the country is in an unprecedented scenario where for the first time in the nation’s history there’s no Police Commissioner or acting commissioner, neither is there any substantive Deputy Commissioners or acting ones.
She said this country is experiencing two states of emergencies, one baselessly imposed by the Government in the name of the pandemic, and now one created by the highest office holders of the nation due to the total disrespect for the Constitution.
Persad-Bissessar said the motion is grounded in the fact that the President should be removed from office since:
(a) the President has behaved in such a way as to bring her office into hatred, ridicule, or contempt by interfering and/or facilitating interference with the Police Service Commission and by proceeding in the circumstances to appoint new members of that Commission.
(b) that the President has willfully violated the provisions of the Constitution securing the independence of the Police Service Commission in the performance of its functions and willfully violated section 123 of the Constitution.
(c) she behaves in a way that endangers the security of the State.
(d) has otherwise failed and/or neglected to execute her duties under the Constitution.
“This is an unprecedented move, no such procedure was ever triggered in the history of Trinidad and Tobago. It is my view that this motion is warranted having regard for the circumstances in which we are in,” she said.
Persad-Bissessar said a President as the embodiment of constitutional authority must, by extension, promote the very values of the Constitution insofar as the independence of the Service Commissions are concerned.
She added that a vital part of the Constitution is the separation of powers- the legislative and Executive, adding there has been a breach of the separation of powers in terms of the actions of these high office holders.
