KARUNAKARAN STAKES HIS CLAIM!TWO weeks ago the acting Chief Justice Ranjun Perera celebrated his 69th birthday (Happy belated birthday Judge Perera). If nobody is appointed in that position, and Judge Perera continues to serve in the capacity of acting Chief Justice for the next twelve months, on his 70th birthday the job will automatically become vacant as he (Judge Perera) is required by law to retire on his 70th birthday. The obvious signs are that Judge Karunakaran is slowly but surely laying claim to the post of Chief Justice.
Last week in its issue dated Monday May 26, 2008, The Rising Sun Daily News gave us a glimpse of what can be expected in the next twelve months from His Lordship Justice D. Karunakaran. In that particular piece on its front page under the title “Justice Karunakaran Suggests Police Adopts Rule of PS” His Lordship addressed the standard and quality of police evidence in Court. It is already a known secret that the Prosecution loses many court cases because of the poor quality of police evidence, criminal investigation and performance of officers when under cross-examination in Court. If it was not for “a little help from the Bench” most criminals will be allowed to still walk free terrorizing the neighborhood with impunity.
However, Judge Karunakaran shied away from direct criticism of the police force. By doing so, he demonstrated a lack of courage expected of someone aiming to reach to the top of his profession. This shows that he lacks independence, impartiality and the determination to make the system accountable when necessary. Therefore, under his leadership one can expect to get justice in dribs and drabs and only when it is not against the government. Since it is the President, Head of the Executive, who appoints Judges on the recommendations of CAA, the Judge has to be seen to be friendly with the government. If Karunakaran had genuinely wanted to help improve on the present state of affairs within the police force, he could have kept this matter a private one between him, the Commissioner of Police and the Seychelles Police Academy where he made these remarks to participants at a workshop recently. It was improper and unbecoming of the Judge to go to The Rising Sun to state his case. “It is all part of the publicity stunt for the post of Chief Justice”, commented one lawyer.
President Michel is finding it hard to recruit a replacement for the former Chief Justice Vivekanand Alleear, who vacated the position in January this year. This is not for the lack of suitable candidates, but rather because the right political man for the job is yet to be identified. The establishment is looking out for a subservient apostle, one who is ever ready to take orders from State House, exactly as it was between the former President and the recently departed Chief Justice. The people of Seychelles for the first time in a long time, has become intensely interested in the business of the judiciary and are watching this development, the appointment of a new Chief Justice, very closely.