SEPTEMBER 23rd, 2006
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The importance of an independent judiciary was one of the key focal points raised by Acting Chief Justice, Brian Allyene, SC during the a special sitting and simulcast of the opening of the 2006-2007 Law Term.

Speaking from Anguilla via a tele-cast on Monday, Justice Alleyne noted that there are many challenges and issues confronting the judiciary within the OECS.

He recalled in his opening speech last year that he spoke extensively on the independence of the judiciary and today it continues to be a focal point in the judicial administration. He said that failure to recognize the importance of accountability over the years has seen the growing population in the islands of the sub regional grouping loosing confidence in the administration of justice which could become fatal in the system. He called on legal practitioners to take responsibility for their own actions.

The Acting Chief Justice said that the havoc done to Grenada on September 7, 2004 as a result of Hurricane Ivan left significant damages to the high courts, registry and offices of lawyers. He said that while the situation has improved somewhat Grenada is not ready to accommodate a third judge and was hopeful that this change over the next few years.

Justice Alleyne spoke about various matters including the use of improved technological systems in the courts to enhance their functioning, the court mediation process, judicial education, court procedures and the functioning of the bar.

Like Justice Alleyne, the President of the Grenada Bar Association, Ruggles Ferguson indicated that the independence of the judiciary is a critical component of the judicial system. Ferguson made reference to what he saw as the recent attacks on the judiciary in Grenada by officials of the Keith Mitchell-led New National Party (NNP) administration.

Saying that he was very concerned about this "emerging trend", Ferguson called on the bench "to be strong in the face of these attacks". He indicated that the bar association would continue with its work and advocacy in the profession notwithstanding the intensity of the attacks from certain quarters and gave assurances that the legal body will continue to protect the judiciary.

According to Ferguson, there are avenues for member to seek redress if they are not satisfied with a judgement from the court and not choosing to go to the press and making open allegations about bias. This is a clear reference to the recent outburst made by government¹s Legal Advisor, Hugh Wildman against high court judge, Justice Davidson Baptiste who had ruled in a matter against him.

Ferguson urged the Attorney General¹s Chamber to follow the example of the private bar and hoped that statements made within the past few weeks against the judiciary by government officials will be the last. The GBA President also alluded to problems faced in the profession such as the need for improved toilet facilities, deplorable holding facilities for prisoners, and cells without lights.

He feared that these problems will never be overcome unless there is serious co-operation between the bench, bar and the Attorney General¹s Chamber. Ferguson pointed out that no one entity can solve the problems that face the judiciary and called for more consultation between GBA and the AG¹s Chambers rather than confrontation.

He was hopeful that this new law term will help to advance the consultation process rather than lead to more confrontation. The Attorney General¹s Chambers was represented by Senior Legal Counsel, Raulston Glasglow who admitted that government recognises that the courts on the island face serious challenges due to the passage of Hurricane Ivan.

The special sitting marks the official opening of a new session of the High Court after the summer break.

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