…Govt committed to judicial independence – President
As two Justices were sworn in as Appeal Court Judges, President David Granger has vehemently expressed that his Government was committed to judicial independence.
Justice Dawn Gregory and acting Chief Justice Roxane George pledged complete
impartiality at their swearing-in ceremony before the President. These appointments mean that Court of Appeal sittings will now be held after a three-month lapse following the retirement of Justice Carl Singh as acting Chancellor of the Judiciary.
In a brief address, the Head of State stressed that the Executive prized an independent Judiciary, adding that neither he nor his government had any interest in political interference of the separate arm.
“The Executive has taken steps to ensure that the Judiciary is not beholden to the Government of the day. The enactment of the Physical Accountability Act of 2015 provided for the first time, the full financial autonomy of the Judiciary in accordance with the Constitution,” he observed at State House on Wednesday.
This independence, according to the President, means that the Judiciary must be protected from both public and private partisan interests, paving the way for rule of law to take effect.
“Rule of law requires that everyone should be subject to the law and prescribes that no one should be above the law,” the President stressed.
He stated that under his watch, the Administration was seeking a judiciary that’s “unbiased, unblemished and unmindful of personal prejudices”.
“The Judiciary has a greater role to play in maintaining its own independence. Judicial officers must demonstrate the highest standards of impartiality [and] must be rigorous in their research, conscientious in their consideration of matters brought before them, and cogent in their judgments,” he added.
Earlier this month, former Legal Affairs Minister and Attorney General Anil Nandlall explained that the fact that Judges were not sitting in the Appeal Court was having a “devastating impact” on the justice system. He explained that at that time, no appeal coming from the High Court could have been heard by the Court of Appeal, adding that no appeals could have gone to the Caribbean Court of Justice.
“I withheld approval because I sent the recommendations to the present Chancellor who has agreed to look at them and resubmit the list to me,” President Granger had said when he was asked about the appointments earlier this year.
Article 128 (1) of the Constitution provides that Judges, other than the Chancellor and Chief Justice, are appointed by the President, “who shall act in accordance with the advice of the Judicial Service Commission”.
The last Court of Appeal sitting was February 27 where Justices Carl Singh, Yonette Cummings-Edwards and Brassington Reynolds upheld former acting Chief Justice Ian Chang’s decision that cross-dressing be allowed once not done for “improper purposes”. Earlier that month, another landmark ruling came when the Court of Appeal upheld the decision of Justice Chang that the constitutional challange case.