Today’s Nation newspaper headline cries, CJ Hitch!
It was back in August BU broke the story – Barbados Government Selects Next Chief Justice From Outside The Inner Ring – of Marston Gibson’s selection as Chief Justice (CJ) Designate. His appointment was heralded then by Barbados Underground (BU) and we continue to support Gibson’s selection moreso in light of today’s Nation report. It is an open secret, endorsed by many who practice law and interact closely with the Judiciary, it is in urgent need of leadership from the top. A hindrance to accomplishing much needed efficiency within the bowels of our judicature has been the inability of recent CJs to make waste of the boys club of lawyers which has throttled the efficiency and effectiveness of Barbados’ Court System.
The Nation article exposes the move by ‘some’ who have hijacked our Judiciary and now feel threatened by the coming of the 13th Chief Justice from outside the inner ring. We ask Barbadians to support Prime Minister Fruendel Stuart who is unfamiliar in the role of kicking butt, one which the late Prime Minister David Thompson performed with some competency as evidenced by his selection of CJ Designate Gibson. It is instructive when former President of the Barbados Bar Association (BBA) Wilfred Abrahams was asked by the local media to comment on Gibson’s selection he was conditional in his congratulations. He took the opportunity to inform the public that in his opinion suitable home grown candidates were available. On another occasion while on a radio talk show he was heard questioning the non extension of David Simmons’ term. Perhaps all has been explained with the selection of Wilfred Abrahams to represent the Barbados Labour Party in Christ Church East in the coming general election.
In any event, if there is a ‘snagg’ as the Nation report suggests, an amendment of the Act requiring a simple majority can be passed on an urgent basis by the Lower House. BU’s best research confirms such an amendment does not* require a change in the constitution which would necessitate a two thirds majority count. Given the intent by late Prime Minister David Thompson by selecting Gibson’s from outside the boys club, no doubt Prime Minister Stuart in his former role as AG would have been consulted, Barbadians would not question any precedent set if there is a need to go to parliament to remove any ‘snagg’ if there is one.
Here is an opportunity for Prime Minister Fruendel Stuart to demonstrate he will unburden himself from the past and walk a new path regarding how we want our Judiciary to function. The legacy of former Prime Minister Owen Arthur will continue to be troubled by the appointment of former CJ David Simmons. Note that BU is not questioning the reputation of David Simmons. The point has been made that the Judiciary in our system of governance requires it to operate under a separation of powers doctrine. The insensitive and ugly appointment of David Simmons to CJ having not served a ‘rest’ period after vacating the role of Attorney General has set a dangerous precedent which Barbadians must respond to with a collective shout of ‘never again’ in this country. Given Arthur’s recent return as Leader of the Opposition he should be made to promise Barbadians that he will not inject the spectre of politics in future appointments to the bench should he regain the office of Prime Minister.
The importance which the Judiciary has played in Barbados earning the good reputation as a stable jurisdiction cannot be underscored enough but recognizing that we have been struggling to meet the standard of previous years. The need to erase the suggestion of political encroachment by the executive arm behoves Prime Minister Stuart to act hastily to pre-empt possible public uncertainty which may brew as a result of confusion surrounding Marston Gibson’s appointment.
Against the foregoing BU has it on good authority that the Prime Minister has done his round robin of the senior legal beavers, as his studied approach compels him to do, and he will be making an announcement on the matter shortly. In fact the announcement may come as early as tomorrow. In the announcement he is expected to confirm the appointment of CJ Designate Marston Gibson.
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