00:00Today's often exclusive Sunday Express report about serious allegations surrounding CCJ President Justice Winston Anderson leveled by his fellow judges,
00:11the Regional Judicial Legal Services Commission, RJLSC, acknowledged the seriousness of the matters raised and said that, quote-unquote, a
00:20transparent and independent review will be undertaken in the interests of the region.
00:24The allegations ranged from claims of imposing a judicial dress code to accusations of panel fixing and attempts to influence
00:31the outcome of cases.
00:33A majority of the court's judges also accused Anderson of running the regional court in an authoritarian and dictatorial manner.
00:41The RJLSC stopped short of saying that they will investigate the allegations.
00:44The RJLSC said, open quote,
00:47The commission recognizes the seriousness of these matters and the importance of addressing them in a manner that protects public
00:53trust and confidence in the court and the broader administration of justice throughout the Caribbean.
00:59As a result, the RJLSC believes that these concerns are best addressed through the established internal governance mechanisms of the
01:07court and the commission and through a transparent and independent review undertaken in the best interests of the region.
01:13The RJLSC in their release also stated that they were responsible for the appointment of the judges and the staff
01:19of the Caribbean Court of Justice and sets their work terms, allowances, oversees disciplinary action and protects the court from
01:26political interference.
01:28And the commission said if there was any internal complaints, it could be reported to them.
01:33The commission maintains an open-door policy for all members of staff and judges to address concerns and seek resolution
01:40on any matter relating to the execution of their functions and overall well-being.
01:45In these two decades, commissioners have operated independently without interference or influence, neither from the court nor external actors, close
01:54quote.
01:54The release further stated that the commissioners remain confident in this storied history of an autonomy enjoyed under the leadership
02:01of all of the court's presidents as chairs of the commission, past and present.
02:06At the same time, it emphasizes that no conclusions should be drawn about the allegations until they have been examined
02:13fairly and objectively.
02:15Senior Council and former member of the RJLSC, Martin Daly, wading on the RJLSC's release, saying that nothing short of
02:21an investigation is needed.
02:23He said, quote,
02:24The release is meandering and wordy, but the RJLSC has never let us reaffirm this autonomy and responsibility to ensure
02:31the effectiveness and independent administration of the CCJ.
02:35The matters alleged in the express reports have the potential seriously to undermine the independence and effectiveness of the court.
02:43The commission should therefore have no difficulty in getting on with an investigation of the allegations.
02:48Martin continued,
02:49I find the reference to the open-door policy for all members of staff and judges to address concerns and
02:54seek resolution of any matter relating to the execution of their functions an intriguing statement.
03:01Is it a veiled invitation to the aggrieved judges to hasten to lodge formal complaints?
03:06I ask,
03:07How helpful is such a statement?
03:09How does that posture advance the public interests?
03:12Daly added that these matters should be investigated by the RJLSC because they appear to involve administrative decisions relating to
03:20the functioning of the court.
03:22He emphasized that there is an important line between administrative decisions and judicial decisions.
03:28Daly pointed out that the RJLSC cannot investigate the exercise of the judicial powers of the president or any member
03:35of the court,
03:36and it must accordingly carefully define the remit of its investigation.
03:40In closing, Daly said,
03:42The president of the court is chairman of the RJLSC,
03:46but he must of course recuse himself from participating in any investigation of administrative decisions made by him.
03:53It is unfortunate that the practice of appointing a deputy chairman of the commission was not sustained.
03:58However, among the body of commissioners,
04:01there are members whose experience make several of them suitable to head a competent and impartial investigation by the commission.
04:08This is not a matter for the heads of government at this time.
04:13Several other legal luminaries have called upon the Prime Ministers of CARICOM to launch an investigation into these matters.
04:20Mark Bassant, TV6 News.
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