28th April, 2023
STATEMENT BY THE ORGANIZATION OF COMMONWEALTH CARIBBEAN BAR ASSOCIATIONS (OCCBA).
Re:- Various comments attributed to The Hon. Mia Mottley, Prime Minister of Barbados and to The Hon. Ralph Gonsalves, Prime Minister of Saint Vincent and the Grenadines as published by the Daily Express, Trinidad and Tobago on April 18, 2023.
The comments reportedly attributed to The Hon. Mia Mottley, Prime Minister of Barbados as well as those attributed to The Hon. Ralph Gonsalves, Prime Minister of Saint Vincent and the Grenadines as reported by the Daily Express, Trinidad and Tobago in its headline story on April 18, 2023 captioned “Judges Under fire”, are most unfortunate and disturbing.
Prime Minister Gonsalves is reported to have made the following comments at a Prime Minister’s roundtable consultation on April 17, 2023 at the Hyatt Regency Hotel in Port of Spain, Trinidad and Tobago –
“… On the issue of the judiciary…too many of our judges and magistrates are too soft. Sometimes you get the impression that some magistrates depending on who is the lawyer , their client seems to get better treatment…”. Further, Prime Minister Gonsalves stated “…how could you go and give somebody who is charged with murder bail? Lets get serious!…where do these judges live? On mars?…”
The following comments are reported to be made by Prime Minister Mottley at the same roundtable consultation –
“…when I practised law nobody got bail for murder…but when I look at the stats not only in the Bahamas and Barbados, but all through the region, the people who are causing the greatest problem are charged with two, three and four murders. Something is fundamentally wrong…”.
Prime Ministers Mottley and Gonsalves (collectively “the Prime Ministers”) are well known, popular and influential Commonwealth Caribbean leaders. The Prime Ministers have immense power and influence, and with such attributions come awesome responsibility including a duty to display leadership that is considered, measured and objective.
OCCBA joins our colleagues and members of the legal profession throughout the Commonwealth Caribbean in the condemnation of these reckless and dangerous comments.
We feel compelled to remind the Prime Ministers that responsible leadership must not sacrifice the Rule of Law, constitutional principles, the presumption of innocence as well as the respect for regional justice systems and our judiciary on the altar of cheap sound bites and dangerous political rhetoric designed to score political points.
CONSTITUTIONAL IMPERATIVES AND HUMAN RIGHTS
Further, responsible leadership must recognise that our Commonwealth Caribbean legal systems and Constitutions all are designed to protect and preserve the following basic human rights and freedoms (to varying degrees and in different manners):-
-
- Any person who is arrested and charged with a criminal offence is presumed innocent and should be treated accordingly;
-
- Any person awaiting trial and kept in custody shall be entitled to bail on reasonable conditions unless sufficient cause is shown for keeping him in custody;
-
- The State (and by extension its leaders) must observe and respect human rights; and
-
- The State (and by extension its leaders) must observe and respect the Rule of
We expect and urge the Prime Ministers, in the discharge of their leadership duties to be careful, thorough and fair, being ever-mindful of their conduct, comments and remarks lest the Prime Ministers appear to or become overzealous, unduly prejudicial and overreaching. The Prime Ministers have a duty to exercise their awesome and immense influence and powers responsibly, respectfully and in a circumspect manner.
We certainly appreciate and understand that as regards the public (including the Prime Ministers) there is a right of individuals to responsibly, respectfully and peacefully disagree with the decisions of the courts and to question the application of the law by the judiciary, once such debates/commentary are not contemptuous of the court. However, we cannot agree that in the public discharge of their high political office that the Prime Ministers should make reckless utterances and remarks that may serve to or have the practical effect of undermining the justice system and the rule of law. The Prime Ministers electing not to be “circumspect” in the aforesaid circumstances is not, in our view, a sign of strength and vigilance by them but, conduct upon which we must comment adversely on this “exuberance” (particularly in the absence of any allegation of an irregular or perverse ruling from the bench).
ADVICE FOR THE EXECUTIVE
OCCBA takes this opportunity to remind the Prime Ministers of the duty of the executive to ensure that our judicial systems benefit from proper accommodation and facilities, and that our courts are properly staffed and resourced, so as to adequately tackle the many challenges, including the huge backlog of cases languishing at civil and criminal branches of various court systems. With the injection of much- needed human, technological and financial resources, the wheels of justice are expected to turn more efficiently and effectively. We urge the Prime Ministers to increase resources to the judicial system and to reduce the rhetoric aimed at it!
We remind citizens of the Commonwealth Caribbean that the Judiciary is a separate and independent branch of government that should not be unduly interfered with by the political directorate. The usual intellect, eloquence and creative rhetoric of the Prime Ministers, that we are accustomed to, is not lost on any of us. So, the attributed comments made by them in a public roundtable regional leadership conference attended by Caricom leaders with many media outlets in tow, gives us moment for pause and concern. We urge careful introspection and hopeful immediate clarifications and retractions by the Prime Ministers as regards their unfortunate utterances.
END.
ORGANIZATION OF COMMONWEALTH CARIBBEAN BAR ASSOCIATIONS
Per:- DONOVAN C. WALKER – PRESIDENT
CONTACT:- dcwalker@hmf.com.jm.