For the first time, there was a very large attendance by members of the Judiciary, the public and private Bars, Government officials and members of the general public at the opening of the Law Year at the Court House in Anguilla.

Honourable Brian Alleyne S.C. Chief Justice (Ag)

The 2005/2006 Law Year was opened on Tuesday, September 20, with Acting Chief Justice, the Hon Brian Alleyne S.C., delivering the customary simulcast from Tortola in the British Virgin Islands, facilitated by Cable & Wireless. The sitting of the Anguilla High Court, where his address and the imagery was loud and clear, was presided over by Resident Judge, Madam Justice Janice George-Creque.

The Acting Chief Justice said the address was part of the Eastern Caribbean Supreme Court’s duty of accountability as the servant of the people of the sub-region and he gave a comprehensive review of the functioning of the court system and the movements of personnel over the past year.

One of the matters he spoke about, of interest to Anguilla and the other islands, was his being mandated to prepare legislation to facilitate the efficiency and effective functioning of the Magistrates’ and District Courts of the OECS. He expected that the Magistrates’ Conference at the end of this week would address such important issues as efficiency, accountability, effectiveness, management and administration, judicial independence and ethical standards.

Justice Allyene made the point that judicial independence did not make the appointment-holders immune “from the consequences of prejudice, laziness, incompetence, rudeness [and] lack of consideration of the interests of those who approach the seat of justice.”

He continued: “The failure to recognise that we, as judicial officers, are accountable, has led to such problems as an excessive tolerance for adjournments, a lack of respect for the Bench on the part of members of the Bar (and Police prosecutors and investigators) who take it for granted that any spurious application for an adjournment will be accommodated; consequential unacceptable delays in the disposal of cases, and neglect, even refusal, by some judicial officers to respond to requests from the office of the Chief Justice for statistical or other information. Is it that they consider this an invasion of their independence? Are they answerable to no one?”

Madame Justice Janice George-Creque

He said a small minority of judicial officers were behaving as if they were a law unto themselves. He pointed out that as a result there was a growing loss of public confidence in the administration of justice. He warned that his office would come to grips and deal with the problem wherever it existed.

The Chief Justice (Acting) spoke of a restructuring plan endorsed by the OECS Heads of Government in 2004 to modernise the court system by an administrative merger of the High Court and the District/Magistrates’ Courts. He disclosed that the plan included the creation of four specialised court divisions: Criminal, Civil, Family and Commercial. He gave detailed explanations of the administrative framework for this new arrangement.

He spoke about various other matters including the use of technology systems in the courts to enhance their functioning, the court-connected mediation process, judicial education, court procedures and the functioning of the Bar.

He said there many challenges facing the Court. “The recent [attempted] murder of a young prosecuting Attorney in this jurisdiction and recent threats issued against a judge sitting in Court in another jurisdiction, may be an indication of a new dimension in the administration of justice in our jurisdictions,” he observed. “Maintaining our integrity and independence and the quality of justice which we are committed to delivering, takes courage and firm resolve.”

He called on all Judges, Registrars, Magistrates, Attorneys-at-Law and all support staff “to demonstrate your courage and stiffen your resolve to fulfill the expectations which our citizens have, and are entitled to hold, regarding our service through the judicial arm of the State.”

Following Mr. Alleyne’s address, Attorney General in Anguilla, Ronald Scipio, commented briefly on some of the statements made by the Acting Chief Justice among which was the changing of the court structure. He took the opportunity to lead other speakers in expressing delight over the large attendance at the ceremony. He told the presiding Judge, Justice George-Creque, of three new pieces of legislation which have recently been drafted: the Legal Aid Bill which will provide financial assistance to persons unable to pay for legal representation; the first draft of the Legal Professions Bill to ensure ethical conduct among lawyers; and the publishing of a Firearms (Amendment) Bill to increase the penalties in view of the upsurge in gun crimes and approaches to Government by the public for stiffer sentences.

President of the Bar Association, Alex Richardson, hoped that the Legal Professions Bill would be passed quickly, saying the Bar valued greater accountability and discipline among its membership. He spoke about the Bar’s introduction of a new constitution as well as an annual certificate of good standing to be issued to members who also follow a code of ethics. He also referred to the formulation of guidelines which the Bar was working on, in cooperation with Government, regarding foreign law firms and lawyers working in Anguilla. Other matters he commented on included the probation system and custodial sentences for youngsters, an alternative to imprisonment, which he said was a step in the right direction.

President of the OECS Bar Association, Courtney Abel, spoke about the functioning of the organisation and recent meetings in Tortola. He was pleased to announce that retired Judge in Anguilla, Justice Don Mitchell, and Kenneth Alleyne of Montserrat had been made Honorary Life Members of the Bar. He was pleased that the Attorney General’s Chambers in Anguilla had drafted the Legal Professions Bill and suggested that a similar model produced by the OECS Bar could be examined together.

Secretary of the Anguilla Bar Association, Josephine Gumbs-Connor, expressed the view that Justice George-Creque should serve the Anguilla jurisdiction alone, noting that the volume of matters before the court here had substantially increased. She stated that the sharing of the Judge could result in a backlog of cases in both Anguilla and Montserrat. She commended the Judge for her excellent work under much pressure as trial judge, wife and mother.

Mrs. Gumbs-Connor referred to criminal acts in Anguilla and the culture of silence among members of the public that was affecting the justice system. She added that such a culture of silence was also spreading its tentacles in other areas of the society and advised the Judge that she might be approached to deal with some of the societal matters involving constitutional and other rights.

Palmavon Webster, a Member of the Bar Council of the Anguilla Bar Association, also addressed the Judge on matters related to the address by the Acting Chief Justice, the Bar Association and the work of the Court in Anguilla.

Replying, the Judge said among other things, that she was distressed with the shooting of Prosecutor Kendoy Penn of Tortola, which would not deter the legal profession in carrying out its responsibilities; and any criminal act intended to threaten the foundations of liberty and freedoms would not succeed.
Among other matters, she hailed the drafting of the Legal Aid Bill in Anguilla, to which she always looked forward, and the Legal Professions Bill which she said would lead to greater accountability.

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