A special service to commemorate the opening of the Legal Year was held at St. Mary’s Anglican Church in The Valley on Thursday morning, September 20. It was followed by a Guard of Honour drawn up outside the High Court and inspected by Resident Judge, Madam Justice Janice George –Creque.

Members of the Legal Profession, Government and the Clergy outside St. Mary’s

Addresses inside the Court were made by the Judge; the Acting Attorney General Ivor Greene; Lawyer Joyce Kentish-Egan, President of the Anguilla Bar Association and Josephine Gumbs-Connor, Member of the Utter Bar. All of them spoke of various concerns relating to justice, law and order issues and other matters affecting the Judiciary and community life in Anguilla. The next agenda item was a ‘simultcast’ address delivered from Grenada by Chief Justice of the Eastern Caribbean Supreme Court, Sir Brian Alleyne, S.C.

Justice Janice George-Creque inspecting Guard of Honour

The officiating Clergy at the service were the Right Reverend Bishop Errol Brooks who delivered the sermon and Assistant Priest, Reverend Menes Hodge. “To do justice is to deliver the oppress; to rescue victims of injustice; to restore that which has become crooked; to work for equality for all people and for the economic, political and legal spheres of life,” the Bishop said.

The Police Community Band at the Guard of Honour Ceremony

In winding up his sermon he issued a challenge to the members of the legal fraternity, as they began the Legal Year, to get involved in the community life of the island. He spoke particularly about the young people who “need just a hand on their shoulder to guide them” rather than just criticising them and to help to provide some positive values in their lives.

Justice George-Creque

In her address at the Court, Justice George-Creque spoke about the celebrations earlier this year of the 40th Anniversary of the Eastern Caribbean Supreme Court. She noted that crime was on the increase throughout the Caribbean as was also observed in a World Bank report. “Here in Anguilla we seem to be no different because in a very small community we are seeing a rise in crime,” she stated. The Judge noted that “the criminal justice system does not and cannot operate in a vacuum. It requires cooperation and goodwill, not only of a vibrant and effective police force, but also the will of the people in order that justice may be served.”

Mr. Ivor Greene

The Madam Judge went on: “We must not feel like prisoners within our home or that if we go out into public places that we will not be able to do those things that we would do and which we may properly do freely and without undue hindrance by others. And whilst in many ways we speak about freedom, our fundamental freedoms which are enshrined in the Constitution, invariably it is within the context of where we are looking to see how those freedoms and rights are protected vis-a-vis the state and the individual. But perhaps we have to give thought in the wider context to when elements within the society threaten in many respects those freedoms which we hold dear; whether it behoves us to look at it very closely, and with a critical eye, to determine what is the source, and what, then, is the solution.”

Lawyer Kentish-Eagan

Among other thingss, she spoke on matters of family law. She noted that there had been various pieces of legislation on the books which impact on the family – whether by way of legal unions, common law spouses or children who are somewhat being marginalised or lost. She hoped that in the future there would be some legislative framework to address these concerns.

Lawyer Gumbs-Connor

Another matter she touched on was mediation, a court-connected method of alternative dispute resolution. “However, the general consensus is that this method for resolving disputes is not being used as adequately as it can be,” the Judge observed. “I wish to stress for all the interested parties concerned – the Bar and the public – that it is one method whereby matters can be resolved. She noted that the intent of the method is for it to resolved “matters amicably, less costly and certainly with less acrimony which can only be to the betterment of all concerned.”
Acting Attorney-General, Ivor Greene, lamented that unlike previous years, it was not now possible for the Judge to be presented with a white pair of gloves signifying that there were no criminal matters before the Court. He spoke about some initiatives being taken to help make Anguilla crime-free and to assist young people to have productive lives.

He mentioned efforts being made to look at the interests of prisoners. This includes a Sentencing Review Committee tasked with finding ways to structure and improve the quality of education of such persons. The programmes encompass vocational, academic and moral education. “We hope that by showing such persons the means by which they can develop themselves that they may be able to take up opportunities which are given to them to live productive lives,” he added.

Lawyer Joyce Kentish-Egan was of the view that many of the concerns spoken about had resulted from “that very desirable state of development and growth” in Anguilla. “What is required is an amelioration of the circumstances and in order to do that, we must demonstrate that we intend to be proactive and that we intend to seek and find results,” she said.

“For my part, I think it is a question of partnership and commitment,” she continued. “We know that our police force is challenged. We would like to see our police force have the cooperation of the public; but I would like to challenge the police force to re-invent themselves and to change the traditional face of policing if they are to gather back the confidence of the society.”

She stressed that there was a need for the majority of the population to make every effort to control the minority of persons on the island who are involved in criminal behaviour. “If we are 13,000-strong and there is a minority which besieges us and cripples us with fear, and which is about 100-strong, we must ask the question why can an army of 12,000 wage the kind of war that would bring us back to a state of peace and tranquillity.”

She thought it was time for everyone to rise up, strip themselves of the traditional fears and battle the problem.

As President of the Bar Association, she challenged her Attorneys, who benefit to a large extent from the bounty of the society, to give back not only money, but more importantly, their time to fight against crime and find ways of reaching the young people by developing programmes for them.

Lawyer Josephine Gumbs spoke as a member of the Utter Bar. She referred to the growth in the number of cases before the Magistrate’s Court and the need to have Additional Magistrates to deal with the many matters. She expressed concern that it did not present a good image of the court system when persons felt that their grievances were not being heard because it would lead to a cycle where they could take matters into their own hands.

She called for more financial resources to be dedicated to the court and for it to be given priority. She stressed the importance of maintaining the independence of the judiciary which is an integral and fundamental necessity for all to function. She pledged the unstinting support of the Utter Bar and thanked the Judge for her work and her long hours given to the cause of justice.
Following a short break, the Court resumed its sitting for the simultcast address by the Chief Justice. His address took up some 70 pages, excerpts of which will be published in The Anguillian next week.

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