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ANGUILLA SAYS FARWELL TO SIR BRIAN Lawyers Condemn Political Interference

The Anguilla Circuit of the Eastern Caribbean Supreme Court said farewell on Monday this week to Sir Brian Alleyne who has served for three years as Acting Chief Justice in the nine jurisdictions of the sub-region.

Sir Brian Alleyne

The occasion was a special sitting of the Court of Appeal for the retirement of Sir Brian to which the Anguilla Bar Association, under the auspices of the Supreme Court, invited its members, Government officials and other persons. On the Bench were the Appeal Court team Justices Alleyne, Dennis Barrow and Hugh Rawlins along with Resident Judge, Justice Janice George-Creque, who chaired the proceedings.

L-R: Justice Janice George-Creque, Justice Barrow, Sir Alleyne Brian and Justice Rawlins

The Madam Judge described Sir Brian as “a distinguished Jurist who will be well missed in the legal circles and beyond.” She added: “As a Chief Justice he has been a great leader; as a person a very well and widely-respected person; for me a very warm person.” She was grateful to him for being a very approachable person on any matter of advice and looked forward to his continued assistance notwithstanding his retirement and other engagements.

Governor, Deputy Governor, Lawyers and others

Attorney General, Dr. Wilhelm Bourne, said it was an occasion of mixed feelings for Anguilla and for him. He thought Sir Brian’s service to the Court was a matter for celebration but that it was sad as his career had reached retirement stage.

“You came as a High Court Judge from 1996-2003; a Justice of Appeal from 2003 and Acting Chief Justice from 2005 to the present time,” the Attorney General recalled and continued: “In my estimation you have made a significant and responsible impact on tackling the challenges which can be identified as follows:

House Speaker, Ministers of Government and Lawyers

“The Criminal Justice Reform Project, mainly aimed at eliminating the undue delays which have plagued us over the years; a review of the Civil Procedures Rules to take account of the proposed Commercial Division, non-commercial claims and may be a reform of the Civil Division in due course; the possibility of looking at the reform of the Family Division to deal with matters of divorce and related issues of affiliation and maintenance, domestic violence..., juvenile crime cases…, adequate social services arrangements for non-custodian sentencing options…; the Magistracy – its integration, independence, accountability and efficiency; alternative dispute resolution, mediation training and implementation and information technology.”

The Attorney General spoke on various other matters relating to Sir Brian’s work and the need to further develop the services of the Court. He wished him the very best in his retirement.

Former Attorney General, Ronald Scipio, now a consultant with Caribbean Associated Attorneys in Anguilla, commended Sir Brian on his reform efforts and spoke of the high regard in which the Acting Chief Justice had been held over the years. He spent some time speaking about his concern with respect to the selection and appointment of Chief Justices. He said two main challenges facing the Court were respect for the rule of law and the independence of the Judiciary. He stressed that the time had come when the National and Regional Bar Associations should look in particular at political interference in the Judiciary and its negative reflection on the Judiciary. He recalled that Sir Dennis Byron acted as Chief Justice for almost two years because of the views of certain Heads of Government. (Sir Brian also acted for three years and was not fully appointed because one Head of Government vetoed his appointment.)

Justice Mitchell (ret), Magistrate, Police Officials and Court Reporter

“This lack of intellectual maturity in our system reflects badly on our Judiciary and can impact negatively on it and can also contribute negatively on the high esteem to which our Judiciary should be held,” Mr. Scipio, a Queen’s Counsel, argued. “As long as we continue to have a system where each Head [of Government] has a veto in terms of the appointment of our Chief Justices, we are going to suffer a time of embarrassment that we experienced in the case of Sir Dennis.” He recommended the system for the appointment of the Chief Justice of the Caribbean Court of Justice as a model to follow.

Mr. Scipio wished Sir Brian a happy retirement. “I am sure that there will be opportunities when your knowledge and experience will be tapped into and I think that will be for the greater good of the development of our judicial system,” he stated. He was of the view that 65 years was too young an age for Chief Justices (and Judges) to retire.

Vice President of the Anguilla Bar Association, Josephine Gumbs-Connor, was grateful that Mr. Scipio had referred to the independence of the Judiciary.

Speaking on that matter, and the measure of disappointment she and other members of the Bar had, she said: “We speak of independence of the Judiciary when in fact …the political will of the region has not seen it fit to clothe the highest office in the Judiciary with the sanctity it deserves.”

Attorney General, Dr. Bourne addressing Court

She told Sir Brian: “I believe that when you took office and came to Anguilla that the records should show that I made the same comment – hoping that there would have been the effort for that to materialise…I trust that Anguilla, insofar as the political will should follow, will make the strongest effort to rectify what has to be seen as a grave anomaly.”

Mrs. Gumbs-Connor commended Sir Brian for bringing “the dedication, the seriousness and the personality that a substantive holder should bring to that position. I wish for the record to show that we here at the Bar have taken note…that you will be remembered for the fact that you always embraced principles that would lead to the advancement of the administration of justice.” She added that he had “helped to put into place monuments from which every other holder of the position can stack the blocks.”

Outgoing Chairman of the OECS Bar Association, Courtney Abel, said Sir Brian had devoted the best years of his life serving the sub-region and had given long, dedicated, excellent and unstinting service at the helm of the most important organs of the Judiciary. He stated that Sir Brian had a distinguished career as a lawyer following his call to the Bar in 1966 and he traced his many achievements over the years. He said that, as was the case with Sir Dennis, the OECS Bar Association did not remain silent on the independence of the Judiciary and the appointment of Chief Justices. He outlined a number of reasons given by the Association in support of the appointment of Sir Brian as Chief Justice.

“The time has truly come when the appointment of a Chief Justice should not require unanimity of the Heads of Government but by some less majority such as a two-thirds majority,” Mr. Abel asserted. “The time has surely come also when the Heads of Government should also consider the present constitutional arrangements which require Judges to retire at such young ages. It is 67 for a Chief Justice but even younger for other Judges which is absurd. Judges are being asked to retire at a time when they are approaching, and before they have even reached, their prime.”

Lawyer Patrick Paterson joined in expressing concern that Sir Brian was retiring without having been formally appointed Chief Justice. “I lay the blame not only at the door of the Heads, I lay the blame at the door of the Bars and the Lawyers of the region mostly,” he told The Court. “We all watched in horror recently when events in Pakistan were such that the Bar came out in protest against how the Chief Justice there had been treated.” Paterson emphasised that “the way in which Heads of Government deal with the appointment of Chief Justices in the region affects the important issue of the independence of the Judiciary.”

In his response, Sir Brian said he had been truly blessed by the tremendous opportunities for service. “I appreciate the kind of support I have received and the manner in which the OECS had given me those opportunities,” he acknowledged. “Much has been said about the appointment and tenure of the office of Chief Justice and I don’t regret that because these are very important questions.”

He reported that during his meetings with Heads of Government he had been at pains to emphasise the importance that there be no further delay in the appointment on an acting basis but that there should be a substantive appointment of the Chief Justice. “It is not good for the Court; it is not good for administration of justice and even for the image of our countries that we continue this longstanding tradition of having persons act as Chief Justices for long periods,” he said.

He explained that his statement was not a criticism of any Government, or particular group or Heads of Government, because it had been a long tradition in the Court which went as far back as the successor to the original Chief Justice. “When Sir Alan Lewis retired, Justice of Appeal P. Cecil Lewis acted as Chief Justice for a considerable time before someone else was appointed Chief Justice.”

Sir Brian said there were excellent models in the Caribbean for the appointment of Chief Justices and he was of the view that the Heads of Government had understood the matter he had put to them.

The outgoing Acting Chief Justice spoke on various achievements made recently in legal reforms relating to the functioning of the Eastern Caribbean Supreme Court and other changes that were necessary towards that end. He concluded by extending his gratitude to everyone for their assistance.

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