Newly-appointed Senior Counsel (SC) Stephen Fraser yesterday emphasised the importance of a functioning Judicial Service Commission (JSC) to the country’s judicial system and added his voice to the numerous calls made for the body to be reconstituted.
Fraser touched on the issue during a special sitting of the Full Court of the Supreme Court of Judicature, which was held to admit himself and four other attorneys to the Inner Bar. The quintet, which also includes Director of Public Prosecutions (DPP) Shalimar Ali-Hack, Carole James-Boston, Robert Ramcharran and Rajendra Nath Poonai, had been conferred with SC status effective January 1st by President David Granger.
During the three-hour long ceremony before a packed court that included senior members of the judiciary, fellow attorneys, family members, well-wishers and friends, Fraser said, “…if I have one hope…is that the Judicial Service Commission be constituted….”
He reminded the court of two constitutional challenges that resulted from the fact that there was no constituted JSC at the time. The present state of affairs and those two cases, he said, share a common thread.
Fraser added that the issue is particularly dear to him because his friend Rafiq Khan SC could have still been on the bench today if a JSC was in place to extend his six-month tenure as an acting Justice of Appeal. Khan, along with former Magistrate and University of the West Indies lecturer Christopher Arif Bulkan, were appointed temporary Justices of Appeal by President Granger in early 2018. The JSC, before its life came to an end on September 30th, 2017, had interviewed both men and recommended them to the president.
According to Fraser, for a period of 18 months to two years, “I felt as if the practice of law was like a sewing machine. Cases came, were dealt with… [But] my friend Rafiq was no longer in the Court of Appeal. My friend Rafiq, I am sure, would still be on the Court of Appeal today were there a functioning Judicial Service Commission and I am sure that today we would have still been enjoying a wonderfully functioning judicial system.”
According to the Constitution, the JSC is to comprise the Chancellor, who is the Chairman, the Chief Justice, the Chairman of the Public Service Commission and such other members appointed in accordance with provisions listed in Section 2 of Article 198.
It states, “The appointed members shall be appointed by the President as follows, that is to say – (a) one from among persons who hold or have held office as a judge of a court having unlimited jurisdiction in civil and criminal matters in some part of the Commonwealth or a court having jurisdiction in appeals from any such court acting after meaningful consultation with the Leader of the Opposition and (b) not less than one and not more than two from among persons who are not attorneys-at-law in active practice, after the National Assembly has meaningfully consulted such bodies as appear to it to represent attorneys-at-law in Guyana and signified its choice of members to the President.”
Chairman of the Parliamentary Committee on Appointments Dr George Norton recently told this newspaper that it is the inability to form a quorum that is delaying the consideration and acceptance of the nomination made by the Guyana Bar Association. Given the difficulty that the Guyana Association of Women Lawyers was having in coming up with a nominee, it was decided by the committee that the one nominee from the Bar Association will be considered. Once accepted, the name will be included in a report, which would then be submitted to the National Assembly.
Once this happens, the president can reconstitute the commission as the other members are already in place.
Meanwhile, the five Senior Counsel, shortly after Attorney General Basil Williams SC presented a synopsis of their respective careers, participated in the changing of robes. With the assistants of clerks, their regular robes were replaced with special robes designed for persons who have been conferred with SC status.
This was followed by brief welcome remarks by Vidyanand Persaud SC. A jovial Persaud, in his presentation, said that the appointment of two women is a significant stride in the legal system.
Teni Housty, the recently elected Bar Association president, jokingly remarked that conferral with ‘silk’ brings with it “deeper pockets.”
He spoke of the need for a transparent process in the selection of Senior Counsel. “As with the ceremonial changing of the robe, the veil must be lifted,” he said, while wishing the quintet a successful journey ahead.
The five Senior Counsel, in their responses, proudly recalled highlights of their respective careers and used the opportunity to single out family members and fellow attorneys who helped them along the way.
Ramcharran provided a detailed account of his journey. He described the appointment as a significant milestone and the highlight of his 40-year career. He informed of his humble beginnings in Wakenaam and how hard he had to work to become an attorney. Ramcharran, after completing primary school, did not attend secondary school as the nearest one was in Anna Regina and he did not have an opportunity to relocate to Georgetown to complete his schooling. However, he would later successfully write the GCE `O’ level exams, which landed him a teaching job and later, a job as a clerk at the magistrate’s court where he spent four years.
He subsequently enrolled in the law programme at the University of Guyana and he pointed out that he was one of 12 students who has applied.
He gave a glowing tribute to Edward Luckhoo SC, who took him under his wing from the time he was admitted to the local Bar.
James-Boston, a former Bishops’ High School student, pointed to her parents who were seated nearby and informed that they were among her biggest supporters. She said that she turned down an offer to work abroad and was later instrumental in the formation of the Guyana Association of Women Lawyers. She spoke of her approach to clients and provided some insight into the aspects of the law that she practices.
For his part, Poonai jokingly began by making it clear that he is not a dual citizen or the holder of a Canadian visa. This was in direct reference to an article published in a newspaper – a matter which is now engaging the attention of the court. Like the others, he recalled his journey and thanked all those who helped him along the way.
Ali-Hack provided details of her legal career, including prominent cases which she successfully prosecuted on behalf of the State. She did not omit the occasions when she was not so successful. She pointed out that success demands patience. “My appointment as Senior Counsel is an inspiration for me to continue to work with the same zeal with which I have been working over the last 29 years,” she said.
The DPP assured that she will continue to guide young lawyers as she has been doing, including the in-service students of the Hugh Wooding Law School and university law students.
“I will continue to uphold the rule of law and ensure that the fundamental rights of people coming into contact with the criminal justice system are upheld including the humane treatment of prisoners…,” she said.
Ali-Hack emphasised that it is a privilege to serve as a State counsel and an even greater privilege to have served with integrity.
Chancellor (ag) Yonette Cummings-Edwards and Chief Justice Roxane George SC shared fond encounters with the respective attorneys and stressed that they are exemplars for their juniors.
