Geof BrownTHE CURRENT wire-tapping scandal, the recent libel award against Trinidad and Tobago's Prime Minister Panday and the proposed Caribbean Court of Justice have for me, a common link. It is a matter of judicial integrity. Follow me, please. Spokespersons for the Opposition want Scotland Yard to be brought in for an independent impartial investigation of the wire-tap scandal. Oppo-sition leader Mr. Seaga is strong on this approach. What Prime Minister Patterson has offered instead, is full freedom to the Director of Public Prosecutions to bring in any foreign investigative assistance the DPP may deem necessary.
On the face of it, the Leader of the Opposition and the Prime Minister would seem to be hardly far apart in their positions. For if Scotland Yard is directly imported (by the government?) or indirectly imported by the DPP (with government support) what essentially is the difference? Clearly either course could ultimately have the same result. But - and this is a big "but" - the DPP may chose not to bring in Scotland Yard or the likes of Scotland Yard. Or he could bring in such investigative external bodies on terms which limit or nullify there usefulness.
In short, it is the judicial integrity of the DPP which is critical here. If a clear ease is made by the Opposition, or by any other source or by the DPP's own perception, he must, unless his judicial integrity is compromised, bring in the requisite for external investigation. It worries me that there may be any question, real or implied, that the DPP's integrity may be so compromised that he will fail to do the right thing. In other words, I would hope that the opposition need not fear the absence of external impartial investigation under the remit given to the DPP.
Readers will note that this argument assumes the integrity of the Director of Public Prosecutions. I have no reason to assume otherwise. (And I am not dealing with the issue of constitutionality) But this brings me to the link with the case of T&T Prime Minister Basdeo Panday. A judge in his country has found against the Prime Minister in a libel case involving prominent newspaper man Ken Gordon. One might expect that any judicial bias or prejudice would tend to favour the more powerfully-placed protagonist, that is, the Prime Minister. The judgment is a reminder that by and large, we have a judiciary in the Caribbean which displays a high level of integrity.
We don't hear frequent examples of corrupt judges or corrupt senior members of the judiciary in Jamaica or the rest of the English-speaking Caribbean. And I can't recall hearing of any removal of a judge or prosecutor for cause in the past half-century, that kind of thing is much more likely to happen in the United States for instance. Our judiciary has a record of integrity.
That record is the link on which I have been reflecting, concerning the proposed Caribbean Court of Justice. It is a very legitimate fear of critics opposed to the manner in which the CCJ is to be set up, that political involvement in appointment of judges could lead to judicial corruption. A legitimate concern, yes - but how fair is that concern to the record of our judiciary? Ideally there should be no political involvement in the appointment of judges and chief prosecutors - for obvious reasons.
But I am prepared to believe and even to wager, that the tradition of Caribbean judicial integrity (albeit a legacy of British jurisprudence) will continue, whatever the manner of the appointment of senior judicial figures. And as in the case of impartial judicial investigation of wire-tapping by the DPP, I think it is fair to assume that judges of a Caribbean Court of Justice would remain more loyal to their professional traditions than to any hope for receipt of political largesse. Prime Minister Panday's experience might well confirm this. It is a matter of judicial integrity.
Footnote:
John J. Mills
Last week's column recognised the Millennium Awards of that remarkable educational institution, the Mico College which has served nationally and internationally for 164 years. Some 200 persons, most of them Miconians were honoured. Nearly half of these are currently alive; an equal number were also honoured posthumously as "Distinguished Graduates of the Century." While my column made a plea to the media to publish the full list of these graduates whose impact on the nation as well as internationally has been profound, I committed an unpardonable sin.
It was invidious of me to name a few of the Distinguished Graduates dead and alive but unpardonable to omit the one name which more than any other epitomises the mystique of the Mico - John J. Mills. No other graduate, alive or dead, better represents the fine tradition of scholarship, genius and accomplishments of the Mico. J.J. was an intellectual giant who had the distinction of achieving excellence in an astonishing array of academic disciplines. He served to guide generations of students in the pursuit of excellence as lecturer, vice principal and principal and as an inspiring legend in his own time. His public service with some 22 organisations is part of the legend.
A Masonic Lodge is named for "J.J." who was a District Grand master for the Caribbean. As for the Mico educators of educators, he was the grandest master of them all. Born 1888 he put in 60 solid years at the Mico from student to top dog 1906-1966.
Geof Brown is an HRD consultant who lectures part-time at the University of the West Indies.
