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.