CCJ says will work diligently, incessantly to build public trust in court

…following release of embargoed judgement by AG Nandlall

Calling Tuesday’s release of an embargoed judgement on Attorney General Anil Nandlall’s Facebook page “inexcusable”, the Caribbean Court of Justice (CCJ), in a statement on Thursday, assured that its Judges and staff will continue to work diligently and incessantly to build the public’s trust and confidence in the regional court.
The CCJ has said that, like some other apex courts, it has a practice of sending advance copies of its judgments to all the lawyers representing the parties to a case, and this is done within 24 hours of the formal issuance of the judgment.
“The intent is to give the lawyers an opportunity not to relitigate the dispute, but to comment on any perceived errors in the draft. The advance copies are clearly marked “CONFIDENTIAL”, and counsel is warned to treat with them in the strictest confidence pending the delivery of the judgment,” the statement explained.
The CCJ has made clear it is extremely disappointed to learn that, in a case in which Nandlall was a party, before the formal delivery of the judgment, the result of the litigation was published on the Attorney General’s Facebook account.
The CCJ has said that at a formal sitting to pronounce the judgment the following day (Wednesday), Justice Jacob Wit drew the attention of Solicitor General Nigel Hawke – counsel for the Attorney General, who was not present for the hearing – to the obvious breach.
“Counsel readily acknowledged the unauthorised Facebook post, and issued on behalf of his client a full and unqualified apology. The Court has also been advised that the Attorney General, the Honourable Mohabir Anil Nandlall, has also issued an apology on his Facebook page for what was apparently a reckless error on the part of a staffer.”
According to the CCJ, the unauthorised and premature disclosure of the result of the litigation is inexcusable, as it betrays the confidence of the Court; and given the fact that it emanated from the Facebook account of the person holding the office of the Attorney General, it serves to bring the entire administration of justice into disrepute.
Emphasising that it prides itself on the measures it takes to enhance its integrity, impartiality and independence, the CCJ has informed that to ensure the highest standards of confidentiality and probity are maintained, it would continuously keep under review its policy of sending advanced copies of its judgments to attorneys-at-law.
Pursuant to the undertaking given by the Solicitor General, the following apology was posted on Nandlall’s Facebook page on Wednesday afternoon:
“Yesterday while I am overseas on official government business, an administrator of my Facebook page, unauthorisedly, made a post which disclosed some contents of an advanced confidential copy of the judgment of the Caribbean Court of Justice (CCJ) in the case of Attorney General v Monica Thomas et al [2022] CCJ 15 (AJ) GY.
“That judgment was sent by the CCJ, to all attorneys-at-law in that case. As soon as this post was brought to my attention, it was removed. I hereby offer to the CCJ my sincerest apologies for this grave error. Absolutely no disrespect or ill-motive inspired, was intended, or was connected with this post.”