TT President won't face impeachment panel

The Speaker of the House of Representatives has written to the United National Congress (UNC) advising the party that President Max Richards will not have to face an impeachment panel for what the UNC called "a wilful disregard" of the Constitution, with regard to the appointment of members of the Integrity Commission.

The appointment of Fr Henry Charles and Jeffrey McFarlane to the Integrity Commission had to be nullified because of a breach of the Integrity in Public Life Act.

Charles resigned after reports surfaced that he plagiarised certain works. Mc Farlane quit because he was not qualified to serve in that role because he held several public service appointments.

In a motion filed by opposition chief Whip Dr Hamza Rafeeq the UNC raised three instances when the actions of the president suggested he was unsuitable for office:

• the alleged breach of promise by the president to retired appeal court judge Zainool Hosein to appoint him as deupty chairman of the commission
• the appointment of McFarlane
• the appointment of Charles knowing that he knew or was informed of his plagiarism.

The motion stated the president made the appointments in "wilful and/or reckless disregard and/or neglect and/or contempt for the Constitution and the law, made these appointments."

Read the story:UNC moves to impeach president

In his letter to the UNC Sinanan said the motion calling for a tribunal to be set up, with a view to removing Richards, does not contain "full particulars as is required" and does not satisfy Section 36 (1) (b) of the Constitution."

He explained the motion is otherwise defective because it contains a ground that is not authorised by the secition which deals with the grounds for removal of the president from office. He added that the motion does not properly state whether the charges against Richards are confusing.

Sinanan suggested that the motion may be refiled if defects are fixed. "No further action can be taken in this matter until the defects in the motion are rectified by the 14 members who have proposed it", the letter stated.

Sinanan said his opinion is based on legal advice he obtained with regard to the relevant sections of the Constitution. But Rafeeq said the motion was drafted by 10 attorneys, including three state counsels.