CONTROVERSIAL lawyer and Ex-SPPF Minister in Rene's cabinet, Mr. William Herminie, last week caused more hullabaloos in court when he told Judge Karunakaran, in open court, that there is no justice in his Court. Herminie, who was visibly upset at the Judge for giving a ruling, there and then, against his client, did not hesitate to make his dissent public.
The Judge had initially dismissed a case brought by lawyer, Frank Ally, after the latter failed to turn up on the day and time set for the case. However, after the case was dismissed by the Judge, Ally filed a motion to reinstate. In his affidavit, Ally claimed that he did turn up in Court albeit five minutes late on the day in question. Herminie, complying with a Court order, had then filed a reply to the motion asking the Judge not to reinstate the case.
However, contrary to what Herminie submitted, the Judge took a totally different view and gave a ruling in favour of Ally, reinstating the case. This clearly irritated Herminie who immediately launched a verbal onslaught at the Judge. The Judge who was clearly shaken by Herminie's shenanigan, lost his patience and warned Herminie that if he continues to behave like he was, he will have no option but to cite him for contempt of court. The Judge went on to reprimand Herminie and issued a last warning to him.
The issue of justice before the Courts in Seychelles is one which lawyers have raised time and time again locally. It stems from the fact that the Court has been very inconsistent with the way it deals with people charged with drugs offences. Some people appears to get bail even though they are charged with 9 grams or more of heroin, which gives rise to a trafficking charge, whilst others charged with lesser amount are denied bail. This has caused some lawyers to accuse the Court of not being consistent just and fair to everybody and to transgress the constitutional principle that we are all equal before the law. In the absence of clear and defined legal principle upon which bail is granted or refused, the issue will always remain one of great controversy. Although all persons produced before the Courts have a right to bail the Court has been too quick to deny bail at the behest of the Prosecution on the flimsiest of grounds. Unless the Court is seen to be treating everybody equally and fairly, allegations of injustice and inequality will always be leveled against the Courts.
A sign that all is not well in the judiciary occurred last year when Regar published a letter written by the other Supreme Court Judges addressed to the then Chef Justice, Vivekanaand Alleear. The content of the letter clearly showed a rift amongst the Judges. Although the editor of the Newspaper was later found to be guilty of Contempt of Court and fined heavily by Chief Justice Alleear. The Court of Appeal later reduced the fine to a mere R.5000.00. Recently, even the President of the Republic shockingly went on national television at the occasion of the State of the Nation address to denounce what he called “allegation of corruption in the judiciary. “ Immediately, after the speech the Chief Justice, Vivekanaand Alleear, unceremoniously tendered his resignation.
In the meantime, President James Michel has appointed an Irish solicitor to advise him on improvement that can be implemented in the criminal justice system only. The appointment has met with muted criticisms as it is felt that the person appointed is neither qualified nor appropriate for the job at hand.
The enormous fees in foreign exchange charged by the Irishman is also not justifiable as an experienced Seychellois lawyer could have done the job just as well, if not better.
Despite public pressure, the Constitutional Appointment Authority, headed by Ex-Minister Jeremie Bonnelame, is yet to appoint a replacement. However, all stake holders are resigned to the fact that Judge Runjan Perera, the current acting Chief Justice, will be appointed eventually. Perera, who will turn 70 next year, is the most experienced Judge in Seychelles currently. He is set to reach retirement age next year. This will make perfect sense as it will then give the CAA a whole year to consider another Judge to take over from Perera when he retires.
In the meantime, Perera has made several changes at the Court House to ensure the smooth running of the judiciary. He is also credited with giving the Registrar of the Supreme Court, Mr. Melchior Vidot, more powers to hear and determine more cases - a move which has been welcome by lawyers in general.
Perera is also set to make his first opening of the Supreme Court speech in September this year, in his capacity as acting Chief Justice, if no one is formally appointed between now and then.