Group calls on Governor to take action over three-year delay in hearing grievance – The Royal Gazette
Created: Jun 13, 2022 07:35 AM
Rena Lalgie, the Governor ({Photograph} provided)
A strain group difficult the legitimacy of a committee set as much as deal with complaints about judges has referred to as on the Governor to convene a “correctly constituted tribunal” to listen to its grievance.
The Civil Justice Advocacy Group claims Chief Justice Narinder Hargun and Supreme Courtroom Registrar Alexandra Domingues have for greater than three years ignored an software it filed for go away to hunt a judicial overview.
The judicial overview was aimed toward overturning a call by John Rankin, the previous governor, to refer a grievance about Mr Justice Hargun’s conduct to the Judicial and Authorized Companies Committee — an appointed board with no statutory powers.
The group, in an open letter despatched to Rena Lalgie, Mr Rankin’s successor, mentioned it filed the civil proceedings in opposition to the Governor on Could 17, 2019 however that it “was met with absolute silence from the judiciary — that’s, there was, and has been so far, no communication from the Registrar as to the granting or refusal of go away for this software”.
LeYoni Junos, from CJAG, wrote that the matter had nonetheless not been recorded absolutely within the Supreme Courtroom causes guide — the place all civil circumstances are logged for public scrutiny — and {that a} request by her to view the case file in December 2021 had been ignored.
She wrote: “The Civil Justice Advocacy Group now respectfully calls on Your Excellency to take decisive motion to deal with, beneath the suitable sections of the Bermuda Structure, whether or not the Chief Justice and the Supreme Courtroom Registrar needs to be faraway from their respective workplaces for obstructing a duly filed judicial overview — one wherein Authorities Home itself is called because the respondent.
“It goes with out saying that beneath the circumstances and background to this grievance, it could be most inappropriate for Your Excellency to refer this matter to the JLSC or any of its members for investigation, or to limit the investigation to an unconstitutional ‘protocol’.”
Ms Junos added: “We’d be most keen to offer any and all additional proof to a correctly constituted tribunal and we look ahead to your earliest consideration to this matter.”
A Authorities Home spokeswoman mentioned the letter had been obtained. She famous that it “contained critical allegations” and confirmed that it was “being given due consideration”.
Ms Domingues, on behalf of the Chief Justice, mentioned it was the court docket’s coverage to not touch upon court docket circumstances.
Timeline
February 4, 2019: The Civil Justice Advocacy Group makes a grievance to John Rankin, then the Governor, asking for an investigation into the behaviour of Chief Justice Narinder Hargun.
February 15, 2019: Authorities Home responds to say the grievance must be resubmitted to the Judicial and Authorized Companies Committee in accordance with the committee’s “complaints protocol”.
Could 17, 2019: CJAG information an software for go away to hunt a judicial overview within the Supreme Courtroom. The group seeks a declaration from the court docket that the JLSC is an unconstitutional physique with no statutory existence and no authorized authority to vet, examine or hear complaints in opposition to judges and/or the judiciary, in addition to an order requiring the Governor to nominate a tribunal to listen to the grievance about Mr Justice Hargun.
February 14, 2020: The Chief Justice tells a particular sitting of the Supreme Courtroom on the opening of the authorized yr that the “standing” of the JLSC requires “consideration”. He notes that it lacks any statutory foundation and says that time had “been taken in latest judicial overview proceedings”. Mr Justice Hargun says: “It’s clearly vital that this problem be resolved, and I’d urge that the existence and authority of the JLSC needs to be underpinned with statutory foundation.”
December 24, 2021: CJAG asks to view the case file for the judicial overview matter however has but to obtain a response from the Supreme Courtroom.
The JLSC was arrange in 2013 by George Fergusson, the previous governor, to offer recommendation on constitutional duties referring to the judiciary.
On the time, he made public a protocol setting out the process the committee would observe for coping with judicial complaints.
Final December, Gitanjali Gutierrez, the Info Commissioner, ordered Authorities Home to launch to a public entry to info requester a part of a document which raised “questions in regards to the procedures” utilized by the JLSC.
Ms Gutierrez mentioned the protocol was established to “guarantee clear and formal procedures for complaints in opposition to judges”.
She mentioned one particular document raised “broader questions in regards to the procedures within the protocol” and disclosure can be within the public curiosity.
The JLSC is chaired by Sir Christopher Clarke, the president of Bermuda’s Courtroom of Attraction. The opposite members are Mr Hargun; Bermuda Bar Affiliation president George Jones; David Jenkins, former chief justice of Prince Edward Island Courtroom of Attraction in Canada; Caribbean Courtroom of Justice decide Adrian Saunders; former ombudsman Arlene Brock; charity head Martha Dismont; and former impartial senator James Jardine.
