This case, when it first went, unlisted on the court lists, to court, was before Justice Randall Worrell. Several things happened, not least Worrell J. being forced to recuse himself from hearing the case, because of the involvement of his wife. BU expresses its disbelief that Worrell did not know well in advance that he was conflicted and did not declare this, thus instead wasting court time and attorneys’ fees. We also know that the defendant, Marston Gibson, himself oversees what cases are scheduled before what judge and it is too much for us to believe that Gibson did not know of Worrell’s conflict.
We also learned for the first time, as did a disbelieving legal fraternity given voice to by Sir Henry Forde QC, that the courts have a “secret list” of hearings. We were also amazed to learn that the Marshall of the court had to be prompted sternly to announce the title of the case, “Vernon Olivier Smith vs Sir Marston Gibson”. That the Press was denied entry to a matter of national importance taking place in open court was also deeply disturbing and went against the basic principal that justice must not only be done, but seen to be done.
Most alarming of all was the information that the defendant Marston Gibson, having failed to file either an acknowledgement or a defence under the Civil Procedure Rules, refused to present himself in court, as is required. That, in our humble and inexpert view, must surely be tantamount to contempt of court.
We are happy to report that last Friday when the court lists were released, the case of Vernon Olivier Smith vs Sir Marston Gibson was set down for hearing on Friday February 26, 2016 before Madam Justice Pamela Beckles, the sole member of the Bench whose application of timely justice has been remarked on favourably by the CCJ.
While BU itself cannot attend the hearing, or not officially anyway, for obvious reasons, it is hoped that in this case of national importance where a CJ is being sued by a senior queens counsel on matters that allegedly amount to gross misconduct on the part of the CJ, Beckles J. will allow the press and public into her court. Bajans are entitled to know and observe exactly what is going on when allegations of gross misconduct are being adjudicated against the head of the judiciary whose salary and emoluments we, the taxpayers, pay. There can be no excuse whatever for a closed hearing. IT IS A MATTER OF NATIONAL IMPORTANCE!
We have been able to ascertain that the application before the court is for summary judgement against Marston Gibson under the Civil Procedure Rules.
The plaintiff Mr Smith QC is represented by Mr Edmund King QC, Mr Hal Gollop QC and Mr Michael Springer QC. The defendant, Sir Marston Gibson is, so far as we know, represented by Ms Donna Braithwaite QC of the Attorney General’s office.
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