Appointment of judges being addressed – Harmon

The appointment of judges for both the High Court and the Court of Appeal is being looked at, Minister of State Joseph Harmon said yesterday, while noting that President David Granger is now awaiting recommendation from the Judicial Services Commission (JSC).

More than a year ago, the previously constituted JSC chaired by the now retired Chancellor (ag) Carl Singh had submitted a list of four names to Granger recommending two attorneys for the High Court and two High Court Judges for the Appeal Court. He never acted on those recommendations and the Appeal Court’s work has been disrupted following the retirements of both Justice Singh and Justice BS Roy. As it stands, the court only has one permanent appellate judge—acting Chancellor Yonette Cummings-Edwards. The court is supposed to have a complement of five judges but only three are required to sit and hear a case.

Asked yesterday during a post-Cabinet press briefing when the president will appoint judges, Harmon said that the matter of the appointment of judges to the High Court and Court of Appeal is “currently engaging” the president’s attention.

He said that it is based on a recommendation made to the President by the JSC that judges are appointed.

Harmon said that with regards to the JSC, the government has had to take some “active steps” to ensure that it is “staffed and manned.”

Sources earlier this week revealed that recently acting Chief Justice Roxane George SC and Justice Dawn Gregory were interviewed by the JSC to fill vacancies on the Court of Appeal.

On Wednesday, the Ministry of the Presidency, issued a media advisory for the swearing in of Justice George as a member of the JSC. Subsequently, another advisory was released announcing the postponement of the ceremony until further notice.

Asked for the reason for the postponement, Harmon told reporters that the Chief Justice is not required to be sworn in to act as a member of the JSC. He said that by virtue of her appointment as CJ, she is an automatic member of the JSC.

“I think it (the postponement) was based on advice…but the Chief Justice is a member of the Judicial Service Commission and therefore no further swearing in was necessary,” he said, when pressed on the issue.

Asked whether Justice George was being considered for a permanent posting in the Court of Appeal, he responded, “I wouldn’t be able to say…these are matters that are currently engaging the attention of his Excellency and in a very short time we will have some statements on that matter.”

Heresy

Earlier at a PPP/C press conference, former Attorney General Anil Nandlall addressed the issue of the appointment of judges extensively. He said that the president “is now influencing in a material way who shall become the judges of the country and that is constitutional heresy.”

Asked to comment on this aspect of Nandlall’s statement, Harmon said he was clueless as to what the PPP/C MP is talking about because the president does not recommend anybody. He said that the JSC will meet and make its recommendations and the president will act on those recommendations. “So, Mr. Nandlall is really getting the cart before the horse and I think he needs to pay attention to what he is saying these days,” he stressed.

He said the president has acted on the four names sent previously and he will act on the recommendations coming from the JSC. “So, the president does not personally appoint judges so that is very clear,” he said.

Nandlall during the PPP/C press conference pointed out that what has occurred in this instance strikes at the very heart and soul of the doctrine of separation of powers and good governance and at democracy itself. He stated that there must be an independent judiciary insulated as far as possible from the executive. “..The appointment process must be deeply guard and separated from executive interference and influence of any type,” he stressed.

“Here the president is recommending to the JSC. Soon, the president will tell them who to send to be appointed as judges,” he said. This was in response to a previous comment made by Granger.

Granger, following the swearing in of the Chancellor on March 28, had said that he had received some names for appointments from the JSC but had withheld approval pending the review and advice of the new Chancellor. “I withheld approval because I sent the recommendations to the present Chancellor, who has agreed to look at them and resubmit a list to me. As soon as I get that list, I will be able to act. So, I did decline.  I saw the list, and I received some information, and on the [basis] of that information, I sent it to the present Chancellor and I am awaiting her advice,” Granger added.

He acknowledged that there was a shortage in the court and assured that efforts are being made to rectify the situation as soon as possible. “There is a shortage and we are moving quickly with the Chancellor and the Chief Justice, who have been installed, to have the Court of Appeal constituted; to have the JSC meet to make recommendations and fill the vacancies as soon as possible,” Granger had said.

Justice Cumming-Edwards told reporters at the same forum that addressing the shortage of judges was key on her agenda and that a meeting of the JSC would be convened shortly. However, Stabroek News has been unable to contact her for an update.