Justice Alleyne

Leaders of the sub-regional Organisation of Eastern Caribbean States (OECS) have agreed to defer the selection of a new Chief Justice for the Eastern Caribbean Supreme Court, Antigua and Barbuda Prime Minister Baldwin Spencer has said.

Spencer, who is also the OECS chairman, told reporters the OECS Authority, the highest decision making body within the sub-regional grouping, had voted to retain the acting position for the time  being.

"We will continue to review the position so as to come up with a standard for appointing justices to the highest court in the sub-region, but for the time being the acting position will remain," Spencer told reporters.

According to Spencer,  no immediate changes would be made adding that "the individual who occupies that position will be allowed to continue in that acting capacity until the review is completed." Dominica-born jurist, Brian Alleyne, has been acting in the position for the past two years, but his name was not among the two nominees being considered by the OECS government leaders when they held their summit in Antigua in January.

The decision to exclude Justice Alleyne has been criticised by the Eastern Caribbean Bar Association (ECBA). ECBA President Nicole Sylvester said her members were particularly concerned that Justice Alleyne was apparently being overlooked for the post even after his "exemplary" performance on the job.

Sylvester described Justice Alleyne, as a very "credible and sound" judicial officer who "is well known for his sound and reasoned judgment, exemplary judicial temperament, strong administrative qualities and deep commitment to the ongoing and sweeping reform process within the OECS".

She said that while the ECBA was not aware of the identities of the other persons being considered, over the past 21 months, Justice Alleyne demonstrated his suitability for the job and it would be "totally unfair" for him not to be permanently appointed to the post.

"The apparent exclusion of Justice Alleyne from active consideration by the OECS Heads of Government is profoundly unfair and represents a major blow to the independence of the judiciary capable of tarnishing the international standing and reputations of our courts," she said.

The OECS Bar President said the manner in which the matter was being handled could give a sense of political interference in the judiciary. Spencer said there were merits to the independence judiciary argument but insisted that the OECS leaders were in the best position to ensure that justice was properly administered.

 "Let's face it, we are talking about justice, and having a system that will ensure that justice is dispensed, clearly we as leaders have an obligation to ensure that to some extent what happens there in terms of personnel and so on, we have at least an idea of what is going on," he said.

 Spencer said that in any case, the sub-regional leaders have very little influence on the Judiciary with only the appointment of a Chief Justice being the position to be filled by the leaders on unanimous decision.

Grenada is said to be blocking the appointment of Justice Alleyne to the top judicial post. The OECS groups the islands of Antigua and Barbuda, Dominica, Grenada, St. Lucia, St. Kitts-Nevis, St. Vincent and the Grenadines, Montserrat, Anguilla and the British Virgin Islands.