Reason To Cry Shame

After three long, challenging but productive years at the helm of the Eastern Caribbean Supreme Court, and having been knighted for his outstanding work, Sir Brian Alleyne, SC, KCN, is going into retirement next month still in his position as Acting Chief Justice. It is a let down of the Judiciary and the people of the sub-region that a legal luminary of his calibre was not accorded the honour to be fully-appointed to the post. It would have been a crowning achievement not only for him, but for the Caribbean and the justice system in the eyes of the world.

The unfortunate circumstance has nothing to do with the Judiciary itself except that it, and the various Bar Associations, appear to have lacked the will to fight the political interference which apparently crept into the appointment system thus denying Sir Brian’s formal employment as Chief Justice. It is all the more unfortunate when he not only successfully carried on the reform work started by Sir Dennis Byron, but introduced some of his own and, by his general impeccable and distinguished service, proved to be an ideal person for the exalted position. There are bound to be problems for the independence of the Judiciary not only when the political directorate has a say about who should fill that top post, but when such a decision by a group of Heads of Government must be unanimous and not preferably by a qualified majority. It is understood that the formal appointment was not made because one Prime Minister objected for reasons best known to him.

It is not right that any political leader should have that kind of sway over the decision of the majority of his colleagues and to cause what may be a hindrance and disrespect to the image, if not the proper functioning, of the Judiciary. In its 40 years the Eastern Caribbean Supreme Court has built up much respect for itself and its administration of justice in the sub-region notwithstanding its many difficulties, out-dated systems and long delays in dealing with cases, all of which it is now overcoming. With rising crime and various other increasing legal matters in the nine member territories, it is high time for the Court to be given all the support it needs by the Governments. If the Judiciary is to be slighted or interfered with, it can only result in a lack of confidence in its effectiveness among members of the public.

The manner in which Sir Brian has been kept in an acting position was the subject of much criticism at the Special Sitting of the Court on the occasion of his retirement. Those who were outspoken on the issue, and called for an end to political interference in the Judiciary, were Ronald Scipio, former Attorney General now a consultant with Caribbean Associated Attorneys in Anguilla, Josephine Gumbs-Connor, Vice President of the Anguilla Bar Association, Courtney Abel, outgoing Chairman of the OECS Bar Association and Patrick Patterson of Caribbean Associated Attorneys. Their comments are published elsewhere in this edition of The Anguillian for the record and to show the stand taken by lawyers in Anguilla. Sir Brian has remained very dignified on the matter. Not showing any remorse, he simply said there had been a history of long delays of appointments to the post of Chief Justice and that he had spoken to Heads of Government about the practice and was of the view that they had gotten the message.

In recent years Sir Dennis Byron, now Chief Justice in Rwanda, suffered long before his eventual appointment as Chief Justice of the Eastern Caribbean Supreme Court. Justice Adrian Saunders, who succeeded him, resigned after acting in the post for some time and is now Chief Justice of the Caribbean Court of Justice. There is much reason to cry shame that yet another legal luminary, in the person of Sir Brian Alleyne, has had a similar fate.