AG fails to explain conduct to Judiciary

No apologies

… despite being called upon to do so by Chancellor

The Judiciary has publicly addressed the issue of Justice Franklin Holder’s complaints, revealing on Thursday that despite calling on Attorney General Basil Williams to officially explain his conduct, he is yet to respond.

According to a statement from the Office of the Chancellor of the Judiciary, a copy

Chancellor of the Judiciary, Yonette Cummings-Edwards

of Justice Holder’s letter of complaint was sent to Attorney General Williams for him to give a response and explanation. To date, the Attorney General who has been visibly engaged in ceremonial occasions since the incident, has not responded.

“Since Mr Williams holds the executive positions of Attorney General and Minister of Legal Affairs, a copy of Justice Holder’s letter was sent to the Head of State purely as a matter of information and courtesy. No complaint was made to His Excellency,” the statement said.

It did, however, announce that the date for continuation of the trial of former Public Service Commission (PSC) Chairman, Carvil Duncan,

Attorney General Basil Williams

which will be on May 8. It is this very trial which started it all, however.

The matter arose while Justice Holder was hearing the legal challenge filed by Duncan against the attempt to remove him from the Chairmanship of the Public Service Commission on March 23. Reports arose from former Attorney General Anil Nandlall, who was present and Williams, about the circumstances under which Holder walked off the bench.

The day after the incident, Justice Holder formally complained to the acting Chancellor of the Judiciary that he had abruptly walked out of the courtroom because of statements made by the Attorney General. He quoted the AG as saying, “I could say what I want to say and however I want to say it. I have always been like that.”

The High Court Judge said in his complaint that he felt disrespected by the Attorney General’s behaviour and has called for an apology in open court.

However, Williams is holding out that he is not to be blamed for causing the High

Justice Franklin Holder

Court Judge to walk out of the courtroom. He has also insisted that his comment was not a threat.

President Granger had told reporters that he asked Williams to formally give a detailed explanation of what transpired. Granger is in receipt of Williams’ response.

Day’s after two media houses published Nandlall’s side of what transpired in the courtroom, Williams’ threatened lawsuits against the media houses.

To date, Williams has not apologised to the Judge as stipulated, though he has suggested that Justice Holder should recuse himself.

Court’s respect in danger

Former Attorney General Anil Nandlall, during a press conference on Thursday, warned about the consequences of the court losing its respect through the non-application of consequences.

“It is about the administration of justice. When the administration of justice and the majesty of its institutions can be treated in such (a) manner, and there is no sanction, then those institutions will lose their majesty and awe in the eyes of those who go there for justice,” he said.

“When the judicial system of a country fails to attract that kind of reaction from society over which it dispenses justice, it will lose the respect which the ordinary man holds for it. And when that happens, then we move into anarchy,” Nandlall expounded.

Nandlall urged that personalities be taken out of the analysis and that the effects on the integrity of the offices be examined. He said that hitherto, the respect of the court was such that when a Judge issued an order against someone, they would fear sanctions from non-compliance.