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CCJ – Gate
(Kaieteur News) – If this is where the Caribbean Court of Justice (CCJ) is, where is the region? In the context of explosive disclosures, particularly one that relates to an attempt to influence a decision that could have far-reaching implications at the national level here, where does that leave Guyana? The CCJ is seen as the last fortress, inside of which justice could be found. Considering the damaging nature of those leaked emails, Guyanese may be left wondering if the CCJ is now an avenue that is so irreparably tainted that it cannot be looked upon as a trusted partner in the search for justice. Despite an expression from the Court itself about a commitment to judicial independence and integrity, there is no way that public confidence has not been injured.
We at this publication do not condone “dictatorial leadership”, but can make allowance for it in the context of high-pressure environments. However, that allegation pales in significance before claims of ‘panel manipulation’ and efforts to ‘influence judicial opinions.’ Those are allegations that would stop most reasonable citizens dead in their tracks, because the consequences of both can lead to much uncertainty at best, and an irrecoverable loss of confidence in the regional apex court. Notwithstanding the quick reassurances of the Court itself in the Trinidad Express and Sunday Express, about adherence to the United Nations Bangalore Principles of Judicial Conduct, the region finds itself in the worst of places: a situation where every ruling of the CCJ comes under the sharpest scrutiny and second-guessing. In other words, was this or that decision of the CCJ based on the facts and the law, as honestly interpreted, or was there more to it?
We note with alarm the allegation about ‘panel manipulation’ and ask with what outcome in mind. To take that risk among learned colleagues, and at that elevation, speaks of an arrogance that borders on matchless. What could be involved that such a move was allegedly made, with the expectation that it would not be detected? We could not help but seeing a connection between “dictatorial leadership” and panel manipulation, as alleged. It has to be this way, and when rebuffed, the pressure to fall in line only grew in intensity.
What gives these allegations a distinctive coloring is that five of six sitting judges of the CCJ had made clear their objections to what they regarded as improper and unacceptable. Five of six carries a huge amount of heft, as opposed to one or two out of six. It is either they are all given to overreaction, or they are calling out an environment as it stood, one that became intolerable. How does the Court tell five of six of its own judges that they have all got it wrong? There is appreciation for the Court’s representations, as expressed in the Trinidad media, relative to context, the nature of judicial deliberations, and collegial discussions, among other helpful points. However, it stretches belief that five of six sitting judges could be so ignorant of context, or thin-skinned, that they wrote those emails, with one judge describing the environment as “toxic.” In the corporate world that is a strong word. In the world of jurisprudence, it is more than dangerous.
Reference was made in the emails to attempts to influence the outcome of Guyana’s Opposition Leader, Azruddin Mohamed’s extradition matter. We find this to be most troubling, for it can go deep and far. If accurate, it has the potential to impact, if not dramatically change, the history of this country. Quite reasonably, different groups in Guyana’s political opposition have reacted with outrage, with each delivering their own verbal broadsides in condemnation. Which political group stands to benefit when Opposition Leader Mohamed does not enjoy the best of fairness before the CCJ’s Bar? To this end, the manner of the departure of Guyana’s former acting chancellor of the judiciary, with a CCJ presence in Guyana, now does more than raise questions. It reopens concerns about interference in Guyana’s processes, and leaves a bad odor both here and at the CCJ itself, given the one common denominator.
We believe that an independent and credible investigation is vital. We cannot believe that this has happened.
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