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Stabroek News

LETTER OF THE DAY - Retiring age for judges needs serious debate
published: Saturday | April 28, 2007

The Editor, Sir;

In a letter to you which was published in your edition of December 31, 2005, I suggested that we debate the justice system and its deficiencies. Several areas were mentioned and I stated that "the discussion should be rational, leaving out personalities". The debate has begun in earnest and the Ministry of Justice is considering extending the retiring age of judges of the Supreme Court and the Court of Appeal, from the present 70 years to 72 and beyond.

In a once in a lifetime move, four different organisations namely, The Bar Association of Jamaica, The Advocates Association of Jamaica, The Cornwall Bar Association and Jamaicans for Justice have now come together in solid opposition to this move.

Logical reason

I have not seen or heard any logical reason for their opposition and I ask myself, have they given the idea any serious thought? Have theylooked at any other jurisdiction to see what obtains there? Do they know that the Lords of Appeal in Ordinary who sit in the House of Lords and the Privy Council serve well beyond their 70th birthday and some even sit up to when they are 80 years old?

Are they aware that the Caribbean Court of Justice has set the retirement age of their Judges at 72 years? Do they not know many of Jamaican judges on their retirement serve in other Commonwealth Caribbean countries because they are well known for their competence, integrity, legal skills and devotion to duty? I need not mention the names of those who have sat there and those who are still sitting.

Top posts

The Jamaican Labour Party Spokesperson on Justice is reported to have said to a talk-show host recently that he has nothing against the idea, but he will not support it until later on in the year. What is his reason for saying later on in the year? Two of the most senior judges who occupy the top posts in the judiciary and who between them both have nearly 100 years' legal experience are nearing 70 now. They are good, sound judges who are both physically and mentally capable to serve a few more years. Is the delay designed to see them into retirement first? God forbid that this should be so.

The Bench will be poorer on their departure, but I think good sense will prevail as the country could benefit from their experience for a little while longer. The minister and his advisers should press on with what they think is in the best interest of the country and those who have agendas dance to their own tune.

I am, etc.,

GLEN CRUICKSHANK,

Q.C.

7 Duke Street, Kingston

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