Legal
Advisor to Cabinet, Hugh Wildman has promised to take his judicial
review case on his bid to become the island’s next Attorney-General
to the Privy Council in England.
Wildman made
the statement after a high court judge in St. George’s rejected
his bid to overturn the decision of the Judicial and Legal Services
Commission (JLCS) to recommend him to Governor-General for appointment
to the high judicial post.
In delivering
his ruling, high court judge, Justice Davidson Baptiste found
that the Commission treated Wildman fairly and that the action
taken not to recommend his appointment was legal. The judge dismissed
the application for judicial review and ordered Wildman to pay
costs.
He noted
that “the requirements of procedural fairness have been
satisfied in this case”. “It cannot be said that the
Commission had adopted a procedure so unfair that it could be
said to have acted with manifest unfairness”, said Justice
Baptiste.
“The
grounds of illegality and irrationality have not been established.
In the circumstances, the application for judicial review is dismissed
with costs”, he added. In reacting to his lost before the
local court, Wildman lashed out at the Grenada Bar Association
(GBA) accusing its members of hijacking the administration of
justice in Grenada.
He disclosed
that he will take the matter to the Court of Appeal and if necessary
the Privy Council in London as he promised to get involved in
a fight to the end. The controversial Jamaican-born attorney was
adamant that there was interference from the local bar in the
high court decision against him.
“And
what this clearly demonstrates members of the media, is that the
elements of the Bar Association have hijacked the administration
of justice in Grenada,” he said. He charged that some members
of the Bar Association are not lawyers but politicians who have
a vested interest in removing the government of the day.
“Do
you really expect that Wildman could have gotten justice in the
circumstances? According to Wildman he has already filed an appeal
against the decision of Justice Baptiste and that bias was one
of the principle grounds of appeal. “We intend to fight
this case to the end, because we are confident that we are going
to succeed,” he remarked.
Wildman said
he will be seeking the support of outside reputable jurists to
highlight the glaring injustice taking place in Grenada. Wildman
had retained the services of former Trinidad and Tobago Attorney
General Ramesh Lawrence Maharaj SC to represent him before Justice
Baptiste.
Wildman sought
to link the decision handed down against him by Justice Baptiste
to a letter which the President of GBA, Ruggles Ferguson had sent
to government that the judge was not getting his salary in a timely
manner during the period of the case. According to Wildman, it
was his understanding that government is not responsible for the
late payment of Justice Baptiste’s salary and if the judge
had a problem the proper thing for him to do is to take the matter
to the Judicial and Legal Services Commission. This, he said is
not a matter to be championed by the local bar.
In a letter
dated April 4, President of the Grenada Bar Association told the
Registrar of the Supreme Court that the judge was placed at great
inconvenience due to late payment of his salary. President Ferguson
complained that the judge had been receiving his salary late since
December 2005 and up to April 04, had not received his salary
for March.
“...We
find it incomprehensible that the problem remains unchecked and
recurring...”, Ferguson told the Registrar. Wildman was
recommended by the Keith Mitchell led administration on December
23, 2004, to be appointed to the Office of Attorney General in
Grenada.
However,
the recommendation was met with fierce opposition by the Bar Association
with members staging a number of protest action including street
marches and a boycotting of the courts. Among the reasons cited
by GBA for rejecting the nomination was Wildman’s conduct
as Director of Public Prosecutions (DPP) in the early 1990’s
in a criminal trial when he had a run in with former Attorney-General
of the 1979-83 ill-fated People’s Revolutionary Government
(PRG), the late Kendrick Radix.
In full view
and hearing of the public gathered in and around the court, Wildman
reportedly told Radix: “You don’t know any law, if
I were in Jamaica, I would get my boys to deal with you,”
while transforming the fingers of his hand into the shape of a
gun. The bar also opposed the Wildman appointment due to his public
attack on another former Attorney-General Lloyd Noel, whom he
described as Œan ignoramus and nincompoop....who did not
attend a secondary school and who happens to be associated with
the practice of law...”
The local lawyers also voiced concerns with Wildman assuming the
top legal post on account of his actions before high court judge
and now President of the Court of Appeal, Justice Brian Alleyne
in a matter involving the editor of the GRENADA TODAY newspaper.
Justice Alleyne
slammed Wildman for trying to rewrite certain constitutional questions
which Chief Magistrate Patricia Mark had referred to him for consideration.
The judge described Wildman’s behaviour as falling short
of “...the ethical standard which I think the Court is entitled
to expect from any person holding the office of Director of Public
Prosecutions...”