Chief Justice Satnarine Sharma, who resumes duty on Monday, says no one should have been appointed to perform his duties when he was facing charges of misconduct in public office.
By Juhel Browne"It was my belief that that was unconstitutional," Sharma said in an interview yesterday.
Sharma, who was neither suspended nor removed from office, will now return to work after President George Maxwell Richards revoked the appointment of acting Chief Justice Roger Hamel-Smith yesterday.
Sharma said despite the difficulties he has undergone, he never entertained the thought of resigning from office
"Why should I resign? I have not done anything wrong. It would have been easy for me to resign," he said.
"I believe in what is right. I have to stand up for it. That is what I was taught."
Richards had appointed Hamel-Smith as acting Chief Justice on July 28, 2006, under section 103 of the Constitution.
"(Section) 103 was certainly out of the question. That is my respectful view and the view of a lot of other jurists," Sharma said.
Section 103 says where the office of the Chief Justice is vacant or where the Chief Justice is, for any reason, unable to perform the functions of his office, then those duties shall be performed by any other judge appointed by the President, in consultation with the Prime Minister and Opposition Leader. Section 103 also says such an appointment will last until the Chief Justice has resumed office or until someone has been appointed as his replacement.
Richards revoked Hamel-Smith's acting appointment yesterday, after receiving a letter from Sharma on Thursday which highlighted the collapse of the criminal case against him on March 5, and said he was "ready, willing and able to perform" the functions of his office.
Of his letter, Sharma said, "I had been speaking to the President before. I don't know I am required to but as a matter of courtesy to his Excellency, I informed him of everything."
The criminal case against Sharma fell apart because of McNicolls' reluctance to be cross examined, opting instead to give evidence if a tribunal had been established by the President to investigate Sharma's conduct in office.
Asked about his future relationship with McNicolls, since both will at some point recommence communicating with each other at a professional level, Sharma said, "I don't see personality when I am on the job. I would expect we are mature people and professional people.
"You throw that over your back and carry on. There is no room for pettiness and small-mindedness and vindictiveness... It is times like this you have to display a high level of professionalism and a high degree of maturity."
