Judge Durai Karunakaran’s case |24 May 2017

Defence team’s request for removal of judges rejected

Judges Mohan Niranjit Burhan and Samia Govinden will continue to serve on the tribunal set up to inquire into complaints against judge Durai Karunakaran.

The decision was read out by former Chief Justice Frederick Egonda Ntende, the president of the tribunal, yesterday morning at the National House after judge Karunakaran’s lawyer, Attorney Philippe Boullé, had on Monday asked for the removal of judges Mohan Niranjit Burhan and Samia Govinden from the tribunal because they are subordinates of Chief Justice Mathilda Twomey who complained to the Constitutional Appointments Authority (CAA) about judge Karunakaran’s behaviour.

Mr Ntende explained that both judges, Mohan Niranjit Burhan and Samia Govinden, should be part of the tribunal because they have taken the oath to give fair trial.

Attorney Boullé has now put before the Constitutional Court two motions for the violation of an individual’s right to a fair trial, firstly because of the presence of judges Mohan Niranjit Burhan and Samia Govinden on the tribunal and secondly on the circumstances the inquiry will be based upon.

The tribunal will today give its decision whether or not to accept the motion.

The decision to suspend judge Karunakaran was taken in October 2016 and according to Chief Justice Twomey, “it was as a result of a decision made by the CAA to refer him to a tribunal of inquiry to investigate into his professional conduct”.

In a statement released on Monday October 10, 2016, State House said former President James Michel, under article 134 (4) of the Constitution, suspended judge Karunakaran from performing his functions until the conclusion of the inquiry.

On April 21, 2017, the Court of Appeal dismissed suspended judge Karunakaran’s request to have it overturn the decision of the CAA to appoint a tribunal to inquire into complaints against him.

Judge Karunakaran had challenged a ruling delivered by Supreme Court Judge Seegobin Nunkoo made on December 7, 2016, declining to grant him leave to proceed with a judicial review of the decision taken by the CAA to appoint the tribunal.