Found at: http://www.anguillaguide.com/article/articleprint/4426/-1/135/
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Anguilla Celebrates 40th Year Of Eastern Caribbean Supreme Court
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Anguilla joined the eight other jurisdictions of the Eastern Caribbean Supreme Court on Tuesday, February 27, in celebrating its 40th Anniversary with a Thanksgiving Service at St. Mary’s Anglican Church and a Special Sitting of the Court.
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Members of the Legal Fraternity, Government Officials and Priests
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High Court Judge in Anguilla, Madam Justice Janice George-Creque, led members of the Judiciary, the Anguilla Bar Association, Government officials and other invited persons to the 8 a.m. service at St. Mary’s Anglican Church, where they were welcomed by Bishop Errol Brooks along with Assistant Priest, Reverend Menes Hodge. The Judge and Attorney General Wilhelm Bourne delivered the Scripture readings.
“I don’t know what is taking place in the other eight territories at this time, but I want to congratulate the officials of the Court in Anguilla for taking the commendable decision to request that such a Service of Thanksgiving be held at St. Mary’s today,” Reverend Hodge stated at the commencement of his sermon. He said that after 40 years the life of the Court had now been renewed and energised. He told the members of the legal fraternity that the Court’s existence over those years was primarily due to Almighty God “who is the Supreme Head of all the Courts in all the global jurisdictions.”
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Justice George-Creque inspecting Guard of Honour
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He reminded them that the robe they wore was not one of glamour but of rightness. “Whenever you enter the Court it is not only the plaintiff and the defendant who are on trial. You are also on trial,” he declared. “Never forget that a more just Judge is always present to witness all that transpires and it is to Him that you are ultimately accountable. You are indeed performing a ministry in your own right under God.
“If you remember nothing else that I say…, I entreat you to remember this: whenever you are involved in the settlement of a matter between two or more persons be it in chambers, in the open court, in a conference setting with colleagues, or in your office, you too are on trial. I urge you therefore to seek God’s guidance in all your decision-making. Let truth, honesty and integrity, be the pillars upon which you build your practice for by so doing it will withstand the test of time.”
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Justice George-Creque
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Following the service, the legal personnel travelled in procession, accompanied by the Police Community Band, to the grounds of the Court where the Madam Judge inspected a Guard of Honour following a salute taken by Governor Andrew George.
During the special sitting, Justice George-Creque gave a brief history of the establishment of the Court which in 1967 was styled “The West Indies Associated States Supreme Court.” The Court was extended to a number of islands, which became Associated States with Britain that year, including the former State of St. Kitts, Nevis and Anguilla as well as to the Crown Colonies of Montserrat and the British Virgin Islands.
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Attorney General Wilhelm Bourne
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The Judge noted that in 1971, following the 1967 Anguilla Revolution, Britain had set up a separate judicial arrangement for the island. In 1982 the West Indies Associated States Supreme Court became the Eastern Caribbean Supreme Court as a number of them had achieved independence; and in 1983 Anguilla was brought back into the fold of the regional judiciary.
“In this context then, as it relates to Anguilla, the Eastern Caribbean Supreme Court is not yet in its 40th year. And in this sense, Anguilla has a judicial history which is unique,” the Judge explained. “Notwithstanding, it is right and proper, in my view, to mark and celebrate the 40th year of the existence of the Regional Court now styled ‘The Eastern Caribbean Supreme Court’ of which Anguilla forms a part.”
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Mrs. Josephine Gumbs-Connor
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She spoke of Anguilla now having its own resident judge and the many administrative and technological advances of the regional court over the years. Noting the recent establishment of the Caribbean Court of Justice, she predicted that in the not too distant future the region would not only be fused as an economic base, but also in terms of its judicial institutions and jurisprudence. “Whereupon, it may truly be said in the wider context, in the true spirit of the theme we have adopted for our celebration of this milestone of our judicial history, – one court, one people, one goal - ‘justice’ for all.”
Attorney General, Wilhelm Bourne, said it was unnecessary for him to present his historical research on the court following the Judge’s well articulated presentation. He therefore spoke, among other matters, on the implementation of the Civil Procedure Rules 2000 relating to mediation for legal disputes. He saw this as an important step to mitigating the difficulties involved in litigation and the contention that develops in the court among counsel and partners in the representation of the various disputes. He saw mediation as a very useful tool as opposed to litigation.
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Mr. Ronald Scipio
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He made the point that the court must continue to demonstrate change as necessary to cater to the needs of the various communities and that its work was needed more than ever before. On behalf of his chambers and the Anguilla Government, he congratulated the Acting Chief Justice, Brian Alleyne, all other Justices and officers of the court in all the jurisdictions, including Anguilla, for their tireless work.
Following the Attorney General’s address, the Anguilla Circuit of the Court joined the other jurisdictions in a simulcast by the St. Lucia-based Acting Chief Justice. “The Eastern Caribbean Supreme Court can justifiably claim to have served as a bastion for the protection and promotion of the fundamental rights and freedoms of persons within its jurisdictions,” he said, referring to some of its functions. Among other cases, he made particular reference to the Talk your Mind case of John Benjamin in Anguilla “in which Justice Adrian Saunders, as he then was, delivered a landmark judgment on freedom of expression.”
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Ms. Yvette Wallace
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The Acting Chief Justice said the most significant impact of the court’s reform programme was in the area of civil litigation. He noted that mediation had greatly accelerated the disposition of civil matters thus avoiding long delays, but that it was not a widespread practice. He said judges and attorneys were being encouraged to use the facility.
Mr. Alleyne listed various initiatives being taken by the court to improve its efficiency and influence in the region. These include the vigorous tackling of delays in criminal matters; the establishment of a Commercial Division of the court in the British Virgin Islands; establishment of a Family Division of the court, the integration of the Magistracies into the structure of the Supreme Court; and maintaining the independence of the judiciary.
He observed that in the 40 years there were a number of distinguished judges who had served the sub-region with honour. They had “maintained the largely impeccable reputation of our court, for competence, commitment to high standards, integrity and dedication to the principle of the independence of the judiciary.”
He said that since 1967 the court had faced great challenges, made significant achievements and that new challenges and opportunities were now presenting themselves. He was grateful for the support he had received over the years from his colleagues and for their contribution to the development of the court.
Former Attorney General, Ronald Scipio, also saw many challenges facing the court in the future and lauded the court as a dynamic institution with continuing change. “I am confident that out of the reforms that are underway that the administration of justice will be much better for it,” he continued. “Forty years we are celebrating, but I anticipate, God willing, if we are here for the next ten years, that there will probably be an even bigger celebration when we reach the 50th Anniversary of the Eastern Caribbean Supreme Court.”
Mr. Scipio expressed appreciation to the judicial department in Anguilla for organising the occasion. “I think we were able as members of the legal profession and as lay persons to recognise and give thanks and appreciation for where we are today in terms of the dispensation of justice in Anguilla and the OECS region,” he added.
Lawyer Yvette Wallace said the court was proudly proclaiming the message that good governance, if well-established in the sub-region, would result in a strong and independent court by any international standard. “We proudly proclaim that the Supreme Court enjoys the great respect of our people... This institution that we call the Eastern Caribbean Supreme Court is an essential pillar of our democracy,” she further stated.
She said that apart from being the bastion of justice, the interpreter of the law, the official guardian of civil and human rights, the court was often the unofficial watchdog of the Government.
She was of the view that in its 40 years the court had made tremendous strides in instilling public confidence in keeping with its initial statement of delivery of justice independently by competent officers in a prompt, fair, efficient and effective manner.
Vice President of the Anguilla Bar Association, Lawyer Josephine Gumbs-Connor, offered congratulations to the Acting Chief Justice as the ceremonial and functional head of the court.
She thought the occasion was one for reflection with respect to the strides of the court and various areas that still require further work. She touched on access to justice by the community and how it was being made easier for the ordinary litigant. She looked at such improvements as the Civil Procedures Rules, the appointment of Masters – judges who sit in chambers and try to solve matters at an early stage and also the use of mediation as an alternative course of justice.
She also spoke on the dispensing of justice by the court in giving judgments in a broad and purposive way in accordance with the Constitution, such as John Benjamin’s case and the landmark decision given by the High Court. She recalled that the judgment was turned down by the Appeal Court and reinstated by the Privy Council.
Another point on which Mrs Gumbs-Connor spoke was in relation to securing the independence of the judiciary. She stated that while the court had shown much progress in various areas, the Chief Justice was still in an acting position for a year. She felt this gave the impression and perception that the highest seat of the court could be buffeted about and stressed the need for the post to be for formally filled.
The proceedings ended with Justice George-Creque noting that there had already been other activities in Anguilla so far commemorating the 40th Anniversary of the court. She thanked everyone for their assistance and asked for their further support for the continuing events during the year.