By ONIKA JAMES Wednesday, September 30 2009

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ROSE AND THE LIST: Assistant General Secretary of the PNM, Rose Janniere speaks on her cellular phone after leaving the High Court with the PNM's memb...

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MAGISTRATE Ejenny Espinet and her father Alexander Chamberlain Alexis are not members of the People’s National Movement (PNM), according to a list of the ruling party’s members presented yesterday in the Port-of-Spain Tenth Court.

Espinet’s name was not found on the PNM’s lifetime or regular membership list and neither was the name of her father. In addition there were no receipts found in the name of Alexis, to indicate that he was a financial member of the PNM, neither did the name Ejenny Joseph, the Magistrate’s maiden name appear on the list.

This was revealed by PNM Assistant General Secretary Rose Janniere as she flipped through the 436-page document, which contained some 45,000 names. Janniere, a former Arima Mayor, was asked to bring the PNM membership list on Monday when the judicial review case brought by UNC leader Basdeo Panday and his wife Oma, began before Justice Vasheist Kokaram.

The Pandays are challenging the decision of Magistrate Espinet not to recuse herself from hearing a bribery case against them, on the ground of apparent bias. The Pandays submit that Espinet is unfit to sit in judgment of them as she is a Trustee on the board of the Morris Marshall Foundation, based in Laventille. They are also contesting that Espinet’s father was twice a Government Minister and Parliamentary Secretary under the PNM administration.

Janniere was accompanied by attorney Michael Quamina when she brought the list to court yesterday morning. Justice Kokaram then sought to clarify who would be the ones to view the document.

Quamina stressed that “the list disclosed certain information about members of the PNM, and if left out of the hands of Janniere, could infringe on people’s right to privacy.” Quamina further explained that, because of the sensitive nature of the document, he preferred if Justice Kokaram would be the only one to look at it.

The judge offered a second, and third option which were, for the senior attorneys alone to view the list or, that Janniere be sworn in as a witness, and be the one to search the list.

Justice Kokaram then ordered that the list be placed in an envelope and forwarded to his Judicial Service Officer (JSO) “under confidential cover.” He then instructed the attorneys to come to some agreement on how they will proceed. At the first instance, Queens Counsel Geoffrey Robertson insisted that his junior attorneys Mikela Panday and Anand Beharrylal be allowed to view the list along with him. However, that was quickly objected to by Quamina.

Douglas Mendes SC, attorney for the defendant, then very candidly reminded the judge that not only was Mikela Panday the daughter of the Opposition Leader but, that she was also a sitting opposition member of Parliament.

It was finally agreed, that Janniere would return to the witness box, and answer questions about the names which appeared on the list. “On the lifetime list, Miss Janniere, do you have the name Chamberlain Alexander Alexis, ” Beharrylal asked.

“No,” Janniere replied.

“Miss Janniere, does the name Ejenny Espinet appear on the lifetime list,” Beharrylal inquired.

“No,” Janniere again answered. Beharrylal further pressed, “Miss Janniere, does the name Ejenny Joseph appear on the lifetime list.” “No. There is no Ejenny Joseph listed, ” Janniere said.

Beharrylal asked the same questions based on the regular list. However, he was given the same reply by Janniere. “No.”

The attorney also inquired whether or not there were any receipts which may have indicated that Alexis paid dues to the party. Janniere responded, “No.”

Panday’s legal team then sought to find out whether the names of other members on the board of the Morris Marshall Foundation were on the PNM’s membership list. The names of Father Clyde Harvey, Jack Alexis, Joslyn Mc Leod-Smith, Ayana Atiba-Brathwaite, Raphael George and Carlston Clarke were not on the list.

After the questions were answered the PNM’s list was placed back in the hands of Janniere.

Earlier, in his submissions Mendes suggested that there was no evidence whatsoever that Magistrate Espinet shared the political views of her father, or members of the PNM.

Mendes said there was evidence that Alexis “dropped off the political radar 33 years ago” and it is not known whether or not he is affiliated to any political party.

The Senior Counsel injected some humour when he suggested that Alexis “may have become a member of the Congress of the People (COP).”

Mendes said, that according to the affidavit of one of the board members, the Morris Marshall Foundation “feared better” under the UNC regime.

Reading from the document Mendes pointed out that, the foundation received “free cement for the entire second floor of its building from Ishwar Galbaransingh; it received contributions from Brian Kuei Tung, Andre Monteil, and Carlos John often bought brunch tickets, although he did not attend the events.”

“This foundation feared better under the UNC than the PNM. It strived to keep its independence from political parties.

The Magistrates’ only sin is that she is associating with PNM people. That does not make her, or bring her into question. Mere association cannot lead anyone to think that she might have adverse views about Mr Panday.”

The case was then adjourned to October 22, for decision.