Nizam Mohammed's lawyer told the Trinidad Express Wednesday President Max Richards has no legal grounds to fire Mohammed from his post as chairman of the Police Service Commission (PSC).
Israel Khan said, "Whatever decision he makes, no court of law can question it...this is the most important decision the President has to make and it will not absolve him if he makes the wrong decision."
Khan noted the storm of protests over statements about ethnic imbalance in the police service from government, opposition and even members of the PSC.
In defence of his client, he said: "Someone had to open the Pandora's box and in a multi-racial, multi-religious society, the armed forces must be ethnically balanced...We have to find out why Indians are not joining the armed forces," Khan said.
Khan explained that the President's hands are tied because Mohammed did not act contrary to the Constitution. He also noted that Mohammed enjoys the constitutional protection of freedom of expression, adding that the only reason Mohammed is under attack "is not because of what he said, but how he said it".
He suggested that political expediency is also behind the criticism levelled against Mohammed.
Israel Khan said, "Whatever decision he makes, no court of law can question it...this is the most important decision the President has to make and it will not absolve him if he makes the wrong decision."
Khan noted the storm of protests over statements about ethnic imbalance in the police service from government, opposition and even members of the PSC.
In defence of his client, he said: "Someone had to open the Pandora's box and in a multi-racial, multi-religious society, the armed forces must be ethnically balanced...We have to find out why Indians are not joining the armed forces," Khan said.
Khan explained that the President's hands are tied because Mohammed did not act contrary to the Constitution. He also noted that Mohammed enjoys the constitutional protection of freedom of expression, adding that the only reason Mohammed is under attack "is not because of what he said, but how he said it".
He suggested that political expediency is also behind the criticism levelled against Mohammed.
"The People's Partnership realise they cannot win an election without African support and the Opposition realise they have to pull back their African base from the Partnership...both the Government and Opposition are behaving the way they are and have thrown the ball in the court of the President".
On Tuesday, Prime Minister Kamla Persad-Bissessar and Opposition Leader Dr Keith Rowley met separately with Richards.
Persad-Bissessar, who is also a lawyer, told reporters Wednesday, "There are constitutional issues involved which is so solely in the discretion of His Excellency." She said the president is seeking legal advice and should soon be in a position to determine Mohammed's future.
The government has condemned Mohammed's statements. In an official statement Monday it said the PSC's comments were "inflammatory and unwise remarks which in no way represent the view of the Government".
It suggested that Mohammed "must be held accountable" for his statements, which it said "are divisive and serve no useful purpose other than to undermine the trust that is reposed in him as chairman of the Police Service Commission".
Khan acknowledged that the president alone will determine Mohammed's fate. However he said Richards should be "extremely cautious" when arriving at a decision.
On Tuesday, Prime Minister Kamla Persad-Bissessar and Opposition Leader Dr Keith Rowley met separately with Richards.
Persad-Bissessar, who is also a lawyer, told reporters Wednesday, "There are constitutional issues involved which is so solely in the discretion of His Excellency." She said the president is seeking legal advice and should soon be in a position to determine Mohammed's future.
The government has condemned Mohammed's statements. In an official statement Monday it said the PSC's comments were "inflammatory and unwise remarks which in no way represent the view of the Government".
It suggested that Mohammed "must be held accountable" for his statements, which it said "are divisive and serve no useful purpose other than to undermine the trust that is reposed in him as chairman of the Police Service Commission".
Khan acknowledged that the president alone will determine Mohammed's fate. However he said Richards should be "extremely cautious" when arriving at a decision.
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