EDITORIAL

Prev    Next Editorial: Judicial transparency in the Cayman Islands Published on Friday, July 25, 2008 Email To Friend    Print Version Earlier this week, rumours were rife in the Cayman Islands as to the current status of Grand Court Justice Priya Levers, ranging from termination of her appointment, to suspension, or simply on leave. On Wednesday, Chief Justice Anthony Smellie released a statement that was a masterpiece of brevity and precision, albeit not particularly helpful or illuminating. According to Mr Smellie, “The reports that Justice Levers has been suspended are incorrect. The Judge is presently away on leave.” This was his statement in its entirety, perhaps a world record for the shortest press release ever, other than the more traditional “no comment.” However, if we draw a parallel with the current status of three senior Cayman Islands police officers -- Messrs Kernohan, Jones and Dixon -- all three of whom are currently on “required leave” while under formal investigation, Mr Smellie’s statement could apply equally to them and be equally every bit as correct. In other words, Justice Levers may well be “away on leave” but could it perhaps be “required leave” as in the case of the three police officers mentioned? In the case of the still ongoing Metropolitan Police investigation into alleged corruption in the Royal Cayman Islands Police (RCIPS), the details released to the media were both timely and informative, insofar as the constraints of the enquiries allowed. We wonder, therefore, whether Mr Smellie is being as transparent as he could have been and, if not, if he should be more forthcoming in order to lay the inevitable rumours fueled by a morning radio talk show to rest, which his terse statement has failed to do. And we are certain that we are not the only ones to speculate on the real facts underlying the brevity of his comment. The judiciary, of course, is well known for its propensity to protect its own and the legal profession as a whole, but we suggest that there is a case for greater disclosure in this instance. We have reason to believe that there may be a kernel of truth in some of what is being said, and which Mr Smellie’s statement has by no means laid to rest. It is entirely possible, therefore, that the proper administration and even independence of the judiciary may well become a factor in this situation when the facts are eventually known, if indeed there is more to it than simple “leave”. As it happens, a former Chief Justice of the Cayman Islands, George Harre, had something to say on the issue of judicial administration here in a written submission to the House of Commons Foreign Affairs Committee (FAC). According to Mr Harre, the problem inherent in the situation in the Cayman Islands relates to the power given by the Legislative Assembly on the application by a Governor made through the Attorney General to make delegated legislation concerning the financial provisions relating to the judiciary. The proposition that this was a means of removing control of the judiciary from political or executive interference was an illusion, Mr Harre maintained. Mr Harre referred to “these constantly moving goalposts and unreasonable delays” as a “breach of established international standards which reflects badly on the British as well as the local administration.” Tellingly, in the context of the current situation with respect to Justice Levers, Mr Harre emphasised the element of transparency which, he acknowledged, was singularly absent in relation to his own appointment as Chief Justice. In this regard, Mr Harre said that transparency is particularly important in a small jurisdiction where suspicion of an outsider may exist, and may also serve to assuage feelings of disappointment in any other member of a small bench who was also a candidate for the post. So, once again, we come back to the issue of transparency in the workings of government as a whole in the Cayman Islands, this time around in relation to the judiciary. There is no doubt that, as a result of the opaque instead of transparent approach to the matter, Justice Levers is now under a cloud so far as the public is concerned and we hope that she will have an opportunity to clear this up so that justice may be served, which is a principle of equal importance to the region as a whole, and not just the Cayman Islands.   Reads : 2328   Prev    Next