Members
of the legal fraternity in Grenada assembled at a Special Sitting
at the No 1 High Court on Tuesday morning to bid farewell to Justice
Davidson Baptiste who left the island on Wednesday to take up
a new posting as resident Judge in his homeland, Dominica.
The outgoing judge is being replaced by Justice Claire Wason-Henry
of Antigua whose last posting was in Dominica.
Justice Henry who was expected to arrive on the island on Wednesday
is due to start work next week Monday. The removal of the Dominican
jurist comes in rather controversial circumstances following alleged
protest at the level of the Judicial and Legal Services Commission
(JLCS) of his performance by the Keith Mitchell-led New National
Party (NNP) government.
Justice Baptiste was branded as a “bias” person by
government’s Legal Advisor Hugh Wildman of Jamaica after
the judge ruled in a case against him. Wildman was seeking to
overturn a decision taken by the JLCS itself not to appoint him
to the post of Attorney-General of Grenada in the face of protest
by local lawyers.
The sudden exit of Justice Baptiste came less than a year after
he was sent to do duties in the Spice Isle. There have been several
allegations levelled at the Mitchell government that it was bent
on interfering in the independence of the judiciary.
In his farewell speech, Justice Davidson told local lawyers that
judges ought not to be afraid of public criticism, but warned
that judges cannot compromise on justice. Speaking to reporters
shortly after the sitting, the senior high court judge, Justice
Kenneth Benjamin said that he was loosing a “brother”
in such a short space of time.
And outspoken attorney-at-law, Anslem Clouden, a critic of the
Mitchell government pointed out that anytime one starts tampering
with judges the way is being paved for anarchy in the country.
Clouden said that it was sad to see Justice Baptiste leave but
is taking comfort in the fact that he will continue to maintain
the independence of judges and the judiciary. He branded the judge’s
removal from serving in Grenada as a loss for the island, adding
that he was indeed, “a great man, a great jurist”,
whose judgements can stand the test of time.
He sees the manner in which Justice Baptiste was being recalled
from duties on the island as “a sad day for Grenada when
we have an unbridled interference in the judiciary by the executive”.
According to Clouden, the members of the local Bar are “all
saddened” over the turn of events with the judge. “We
are weakened by the fact that the judiciary is under attack in
Grenada”, he remarked.
He regretted what was happening in a democratic country as Grenada
that was aspiring to uphold the rule of law since due administration
of justice was “the last bastian of a free society”.
Clouden charged that what has been happening in Grenada in recent
times is nothing but “a gross and crass erosion of the rule
of law” by government’s legal advisor when he made
such “callus” statements in public against the judge.
He is fearful that Grenada under Mitchell’s ruling New National
Party (NNP) government is heading down a path without law and
order. Opposition Senator George Prime, a barrister-at-law himself
also shared the sentiments of Clouden and described the departure
of Justice Baptiste as a great loss for the country.
President of the Grenada Bar Association (GBA), Ruggles Ferguson
who also spoke on the issue said that local lawyers are extremely
concerned about the recent spate of attack on judges by officials
of the State. He said it is no secret that since Justice Baptiste
took up post in Grenada from September 2005 he had been the centre
of attacks following a number of rulings against the Mitchell
government.
He described Baptiste as a “fearless judge” who rules
in accordance with the law as he sees it. Ferguson said that judges
may be wrong in their rulings but there is no reason for anyone
to go public and attack a judge and accuse him of being biased
because he has ruled against that person especially when it comes
from agents of the State who should be setting an example for
the General Public.
The Mitchell government is denying that it had made moves for
Justice Baptiste to be recalled from Grenada.
