The JBC correctly stood its ground and initially refused to release the raw results of the tests, or to interpret them for the committee. But confronted with the threat of being held in contempt, and assured of immunity from criminal prosecution, they relented and agreed to speak in executive session. Proceedings in executive sessions are supposed to be restricted to the members, but, invariably, they leak out.
The JBC personnel tried their best to qualify their statements and to keep what they had to say to the barest minimum. But, smelling blood, the committee turned to its invited “expert witness,” the clinical psychologist Geraldine Tria, to interpret the results. Dr. Tria told them what they were waiting to hear: “You have nine manifestations, and there are strong indicators that five out of nine are actually manifested, like grandiosity, unlimited power, sense of entitlement, interpersonally exploitative in order to take advantage of others … lack of empathy and sensitiveness to the needs of other members in the community.” She concluded thus: “Based on the findings, [she is] not recommendable.” For someone who never once interviewed the subject, or observed her at close range, Dr. Tria was quite bold and sweeping in her analysis. One wonders what prodded her to put herself in this situation.
The appointment of justices of the Supreme Court is strictly the prerogative of the president of the Republic, who chooses from a list provided by the JBC. It is a political power conferred by law, and to be exercised within the bounds of the law. There are specific legal requirements for such appointments, but, as far as I know, “passing” or “failing” a neuropsychiatric test is not one of these. Clearly, there are subjective factors that go into such appointments. It is the president’s call in the end.
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