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Stabroek News

The judge was wrong
published: Monday | May 28, 2007

The Editor, Sir.,

The recent attack on the Ministry of Justice by Her Ladyship Justice Annmarie Sinclair-Haynes from the Bench was in my view unfortunate I sympathise with the judge for the predicament in which she found herself, I believe that her modus operandi broke a time-honoured tradition that a judge should not publicly engage the court in matters concerning his/her personal affairs. This tradition as far as I can recall is usually honoured in its observance rather than in its breach.

If it is true that the Ministry of Justice failed to make adequate arrangements for Her Ladyship, then the Permanent Secretary and her staff would be guilty of dereliction of duty for which the minster should take full responsibility, apologise to Her Ladyship and promise the country that this type of thing never recurs.

In any event, Her Ladyship could have adopted one of several of the following options:

1) Pay for one night's accommodation for herself and her orderly and receive reimbursement from the ministry.

2) Call the Chief Justice and seek his advice.

3) Call the superintendent of police for the parish and seek his/her assistance.

4) Return to Kingston and report to the Chief Justice the following morning.

5) Call the local resident magistrate or court registrar and seek their assistance.

The attack by the Jamaican Bar Association on the Minister of Justice presumably in defence of Her Ladyship is also unfortunate. The minister was obliged to respond. I find it interesting that the silence of the association and some human rights activists was deafening when the MacMillan Task Force on Crime accused the judiciary and by implication the legal profession of corruption.

I am, etc.,

CLAYTON A.H. MORGAN

Attorney-at-Law

Montego Bay

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