By ANDRE BAGOO Wednesday, August 15 2007

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CHIEF MAGISTRATE Sher-man Mc Nicolls has been served with four disciplinary charges by the Judicial and Legal Service Commission (JLSC) stemming from his refusal to be cross-examined in the criminal inquiry against suspended Chief Justice Satnarine Sharma.

Newsday understands Mc Nicolls was served with the charges last week Thursday and he will have until August 30, to respond to them.

The unprecedented charges of misconduct allege that the Chief Magistrate brought the judiciary of Trinidad and Tobago into disrepute by not allowing himself to be cross-examined in the criminal case against Sharma.

The charges also allege that Mc Nicolls has by extension, also brought the JLSC itself into disrepute. The JLSC is the body that is constitutionally responsible for the appointment, removal and exercise of disciplinary control over judicial officers.

If the Chief Magistrate denies the charges, the Commission will move to appoint a disciplinary tribunal to investigate the matter and produce a final report, recommending what action (if any) should be taken against Mc Nicolls.

In the event, however, that Mc Nicolls admits the charges then it will be within the discretion of the Commission to impose an appropriate penalty ranging from suspension to dismissal.

The Chief Magistrate currently has several pending high-profile matters before him in the Port-of-Spain Eighth Magistrates’ Court, most notably the Vindra Naipaul-Coolman murder inquiry.

The Commission, comprising acting Chairman Selby Wooding QC, retired Court of Appeal judges Lionel Jones, Jean Permanand and head of the Police Service Commission Christopher Thomas, met since June 26 at the Hall of Justice to discuss the issue of Mc Nicolls’ conduct.

At that meeting, a decision to draft the charges was taken.

Newsday understands there was disagreement among Commission members as to the timing of the serving of charges with at least one member believing now was not the appropriate time.

The JLSC first considered the Mc Nicolls matter at an April meeting which had before it a report by Justice Sebastian Ventour.

Ventour concluded that the Chief Magistrate may have compromised the rule of law and administration of justice by refusing to be cross-examined in the Sharma inquiry on March 5. This refusal caused the criminal inquiry against Sharma to collapse.

Last Friday, Mc Nicolls gave an account of his allegations against Sharma with the tribunal set up to investigate whether or not the CJ interfered in the 2006 Basdeo Panday Integrity trial. Sharma is due to respond next week Thursday. Written submissions in the matter are to be filed on September 5, with the next hearing on September 17.