Last night we told you about the explosive claim of judicial misconduct and bias made against a high court judge.
The claimant is activist Jerry Enriquez who was trying to get an injunction against the general election on the basis that it was unconstitutional because of the malapportioned voters' list.
He and his attorney Anand Ramlogan made a valiant attempt to stop the election - but they failed when it was rejected by justice Tawanda Hondora. But now they have made claim of bias against the judge - and we had a closer look at it:
Anand Ramlogan, Attorney - Jeremy Enriquez
"I have seen something very disturbing, and I want to bring it to your attention."
This was the moment in court when Anand Ramlogan made an incredible claim against the presiding judge:
Anand Ramlogan, Attorney - Jeremy Enriquez
"And during the break, I am advised my lord that unfortunately, your microphone was on and my lord unfortunately you are recorded as being overheard as saying that you had made up your mind to dismiss this application already."
"But if you said that during the break and you've made up your mind then don't waste my time."
Justice Hondora
"Alright, so Mr. Ramlogan. Whatever information you've been told is patently incorrect."
Anand Ramlogan, Attorney - Jeremy Enriquez
"Sorry my lord?"
Justice Hondora
"Whatever information you've been told is patently incorrect."
Justice Hondora denied it but this was reported to Ramlogan by his junior attorneys in Trinidad who heard it on the Zoom conference during the lunch break.
That's when one of them took out their cell phone and recorded the judge discussing the case - apparently with another judge:
Voice of: Justice Tawanda Hondora
"He's saying, before you in that matter, they tried to get an injunction. You didn't give an injunction, right?"
"Yeah. But they've also requested, I think it's ground three, an injunction against the holding of any elections based on the current, but you did not, you just ignored it right?"
And, in his letter Enriquez says "it was improper and unethical." He cites a code of judicial conduct which says: "A judge shall exercise the judicial function independently on the basis of the judge's assessment of the facts….free of any extraneous influences, inducements, pressures, threats or interference, direct or indirect, from any quarter or for any reason."
With this, he asks for the judge's removal from hearing this case:
Jerry Enriquez, Complainant Against Judge
"There was a misconduct in our hearing. And we want that to be known to the public that there is no way in which a judge should discuss a case before he has made a ruling."
"Secondly, would like the chief justice to remove him from the case that have an appeal for wasted cost."
"The statements of the judge called into serious question the integrity, the impartiality, the kinds of objectivity that they brought to the case. And so that was a deep concern."
But the deepest concern is about this statement - for which there is no recording:
Jerry Enriquez, Complainant Against Judge
"So by the time the attorney heard that first part of the statement, he rushed to find a way to record the rest of the conversation."
Jules Vasquez
"But this sensational alleged statement made in private by the judge, it's really just an allegation because you all don't have a recording of it. How do you respond to that?"
Jerry Enriquez, Complainant Against Judge
"I submitted to the Chief Justice a recording of other parts of that, of this other statements that he made during the lunch break, to show that there was that discussion. The discussion was recorded."
Jules Vasquez
"What about that part of the conversation that was recorded makes you feel it is inappropriate?"
Jerry Enriquez, Complainant Against Judge
"That it's, we question whether the charge should be discussing the case, in between before it was completely heard and be able to discuss it in the manner in which he did."
And now with this lengthy 157 page complaint, Enriquez has gone into rarely charted territory:
Jerry Enriquez, Complainant Against Judge
"It was not an easy decision for me. But it has to be made. At least some investigation must be done to make sure that, all judges maintain integrity, their independence and make sure that the trials that they are hearing, they have to be, seen as, very fair."
There has been no indication from the court or the judicial and legal service commission if they have received the complaint or if they will grant a hearing.
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