Created: November 15, 2024 07:59

LeYoni Junos (File photo)

A pressure group that has long called for an overhaul of the judicial complaints system has welcomed the government’s commitment to improving accountability at senior constitutional posts.

LeYoni Junos of the Civil Justice Advocacy Group said the inclusion in last week’s Speech from the Throne of a promise it was high time to put in place a “revised legal framework” to deal with disciplinary matters.

“I think the complaints we have filed over the years have highlighted the lack of accountability when it comes to these high positions,” she said. The Royal Gazette.

“Judges claim and enjoy ‘judicial immunity’ without real accountability.

“It breeds arrogance and a systemic air of untouchability, instead of public service without fear or favor. »

The Bermuda Equal Justice Initiative also released a statement welcoming what it called a plan to “create and foster an appropriate framework for holding accountable those in important public positions”. The statement added: “…we are confident that these reforms will provide a workable structure that balances accountability and independence. »

Governor Rena Lalgie, reading the Speech from the Throne last Friday, said: “In recent years, the independent regime by which (constitutional) appointments are made has proven insufficient when rare opportunities arise for disciplinary oversight of individuals named. This must be remedied. »

Ms Lalgie said Government House and the government would work together to develop a revised legal framework for accountability in high constitutional positions.

She added: “Public confidence in these high offices is of paramount importance given the power wielded by those who are appointed and which has a significant impact on the lives of the people of Bermuda. »

Ms. Lalgie did not specifically mention judges, but this commitment comes after a January Court of Appeal ruling found that a committee formed to advise the governor on judicial appointments and complaints against judges could not properly handle the latter.

This civil action was brought against the Governor by Ms. Junos, on behalf of the CJAG.

Government House said last week that there were currently six complaints against serving or acting judges or magistrates and that they would be reviewed once an amended protocol for the Judicial and Legal Services Committee had been approved.

The reform plan also follows a Gazettereport last month on the absence from court since July of Puisne Justice Nicole Stoneham, head of matrimonial jurisdiction in the Bermuda justice system, who, according to sources, has been suspended.

The CJAG, formed more than a decade ago after a group of litigants were unable to obtain transcripts of their own trials, is expected to soon release a report on the state of the justice system. Ms Junos said it would cover the “issues we have uncovered so far”.

The group filed its latest complaint last week.

Ms Junos wrote to Ms Lalgie on November 5 on behalf of the group, alleging that three Court of Appeal judges had exercised “inappropriate influence” in a civil case.

She called for an investigation into the actions of Sir Christopher Clarke, president of the Court of Appeal, and appeal judges Ian Kawaley and Geoffrey Bell in relation to their handling of a unsuccessful application she appealed to the Privy Council in London regarding the validity of the JLSC.

The letter also claimed that Supreme Court Registrar Alexandra Wheatley, in her capacity as acting appeals judge, was not acting independently.

Ms. Junos wrote that appeals judges sat on her motion for three months and did not respond for five months to a request to review a February 2024 ruling.

THE Gazette asked the governor and judges for their comments on the complaint, but no response was received as of press time.

In 2019, court records that judges claimed did not exist and that detectives had failed to find during a criminal investigation were discovered during an investigation by the Information Commissioner’s Office.

CJAG members fought for more than seven years to obtain the audio discs from the Judicial Ministry. Ms. Junos said at the time that people representing themselves in court had little chance “in the face of a justice system that does not operate in accordance with the Constitution and the oath they took.”