Until several judges complained recently about the conduct of court President Winston Anderson, the Trinidad-based umbrella Caribbean Court of Justice (CCJ) had been functioning without any major criticisms from governments or civil society.
Few, if any, litigants and attorneys had questioned the decisions of the court, which served as the final apex court for several Caribbean Community (Caricom) nations, including Guyana, Barbados, Belize, St. Lucia, and Dominica. The court also has a second tier that deals strictly with the settlement of trade and related disputes in the single trading bloc. Most members subscribe to this level of the court.
In early August, the Trinidad Express newspapers published leaked internal emails chronicling a nasty row between Anderson, whose role is chief justice, and several of his colleagues who had accused him of manipulating judicial panels to sit in certain cases, apparently to reach a desired result; charges that he has denied. They also accused him of ruling like a dictator and seeking to determine the outcome of some cases.
The revelation sent shockwaves throughout the 15-nation bloc and appeared to have provided fodder for skeptics in member nations like Jamaica, whose incumbent government has stoutly refused to accede to the court, complaining that judges are too close to regional politicians and that relationship can affect impartiality. The result is that Jamaica is clinging tightly to the British Privy Council as the island’s final court, along with several of its Caribbean neighbors. The main opposition party is in favor of joining the CCJ, so the issue has stalled.
In the past week, however, Anderson lashed back at his critics, denying most of the charges. He also announced major policy changes to address allegations of panel-fixing as he moved to dampen skepticism about the credibility of the court, established just over two decades ago.
A formal court statement stated that the practice of some judges sitting on particular cases to the exclusion of others will cease immediately. Going forward, all seven panel judges will preside in criminal, civil, and trade disputes.
The announcement stated that the new system goes into “immediate effect” and “under the new arrangements, all judges of the court will sit on all panels, subject to a judge being formally excused from sitting for a legitimate reason,” a formal announcement stated.
In rejecting panel-fixing allegations, Anderson said he was also rejecting “entirely the suggestion that panels of this court have been constituted or altered to secure predetermined outcomes. Such allegations are unsupported by the facts, inconsistent with the court’s long-established practices, and contrary to the principles upon which this court has operated since its establishment. However, to put this matter to rest, going forward, every judge of the court will be required to sit on every panel, unless the judge opts out for a legitimate reason and is excused,” he said in a statement from the court.
Jamaica-born Anderson, the head of the court for just over a year, has been facing withering criticism from his colleagues, who accuse him of acting like both an authoritarian leader and dictator.
The nasty but unexpected row broke out in early August after the newspaper carried verbatim complaints from several judges, citing their alleged discomfort with operations at the regional apex court. The judges had also been feuding over the accepted mode of dress when in formal sessions.
Authorities have since announced plans for a mini-commission of inquiry to probe the allegations, since these have come in the midst of a major row in Jamaica where the governing labor party has stoutly refused to make any effort for the island to join the court, due to doubts about its impartiality and the closeness of judges to regional politicians.
The latest CCJ announcement came hours after Prime Minister Gaston Browne of Antigua said authorities there have no plans to seek a referendum to determine whether the country should also join the court, along with Guyana, Barbados, Belize, Dominica, and St. Lucia as the only ones so far, for criminal and civil cases. None of the other member nations have signaled any immediate or near future plans to accede to the court.
