|
|
|
|
|
|
News Sections
Poll: Top Ministry
Did you enjoy this article?
(total 4 votes)
Most Popular Today
Bar Wars Aggravated by Caruana’s Publication of Contentious Legal Proposals
While Chief Minister Peter Caruana has not only finally broken his unnatural silence on the two critical issues which have created a widening chasm among Gibraltar’s legal fraternity, he has also thrown his weight behind the chairman of the Bar Council who is being sued for defamation by Anne Schofield, wife of the Chief Justice. And in a tactically ill-timed move he has gazetted the Bill which will reduce the independence of the judiciary and which, indirectly, sparked the clashes.
At the same time, in blunt criticism of the Bill’s implications and suggesting that it is, in fact, illegal, George Kegoro, executive director of Kenya’s International Jurists Commission has written to the Governor Sir Robert Fulton – who has already been drawn into the contretemps by the Bar Council - sending copies of his letter to its chairman James Neish QC, Britain’s Foreign Secretary, Judge Schofield and a local VOX journalist. (VOX exclusively reported Kegoro’s commitment to support Mrs Schofield’s criticisms of the proposed Bill a fortnight ago.)
Promoting Rule Of Law
In his letter Kegoro stresses that the Kenya section of the International Commission of Jurists has worked in Africa to promote and protect the rule of law, democracy and human rights since 1959. It has “developed a strong advocacy for the independence of the Judiciary”.
“ICJ Kenya is greatly concerned about the situation currently unfolding in Gibraltar, which we consider to be an infringement of the independence of the Judiciary and a breach of the Constitution of Gibraltar,” he writes. “Our concern has been brought about by the recent move by key officials in government seeking to remove the role of the head of the Judiciary, the Chief Justice, and transposing the same to the President of the Court of Appeal, through the enactment of the proposed Judicial Services Bill.
“The attempt is an infringement of your Constitution and is also contrary to international principles on the independence of the Judiciary as it seeks to abolish a constitutional office while the holder is still in office,” he claims.
“Further, we are concerned that if enacted, this amendment will impact on the overall independence of the Judiciary by removing the leadership of the Judiciary from the Chief Justice, who has security of tenure, and conferring it on the President of the Court of Appeal, who serves on contract. If there are public interest arguments which justify the proposed amendments, we would like to know them.
“The haste in which some members both in the Government and the Bar council of Gibraltar have sought to endorse the amendments, is likely to be perceived as political mischief whatever merits it may be thought to have. This event is in, our belief, instigated to push for the removal from office or otherwise make redundant, the office of the current holder Honourable Derek Schofield, a distinguished judge and who is regarded in considerable esteem in Kenya.”
He points to Schofield’s reputation for “unwavering independence as a judicial officer and his resolve to remain undeterred in the face of political interference with the judicial function”.
No Confidence Move
“It is our fear that because of the same virtues, which he has exhibited in Gibraltar, some members in your government and the Bar Council would desire his removal from office by passing a vote of no confidence in him and by proposing the enacting of an unlawful and illegal bill,” Kegoro writes.
“As on organisation that works in the third world, where the rule of law and democracy is facing severe challenges, ICJ Kenya has, over the years welcomed and benefited from the support of the government of Her Majesty, the Queen of England, in its advocacy for the rule of law and democratic governance. ICJ Kenya believes that Her Majesty’s government would not like Gibraltar to be an exception to the ideals that the government and the people of Britain champion abroad. If, notwithstanding our reservations, the proposed amendments are enacted, the moral authority of Britain to influence governance reforms in Africa will be weakened considerably.”
Kegoro concludes that as an organisation “accustomed to receiving periodic advice from Britain on how to uphold the rule of law... It is nor without considerable embarrassment that we are forced to give similar advice to you.”
Caruana Finally Breaks Silence to Defend Contentious Bill
As the letter was being delivered to the Convent, Caruana announced that nominations for the proposed Judicial Services Commission had been put forward to the Governor. As well as the president of the Court of Appeal, Judge Schofield and the Stipendiary Magistrate Caruana has included Chief Secretary Richard Garcia and Bar Council Chairman Neish in his choice. These would join the Governor’s own appointees Ricky Rhoda QC, the Attorney General, and Phillip Barton the Deputy Governor for the three-year life of the Commission.
Caruana’s choice of Neish is seen as a calculated affront to the Chief Justice as the Bar Council’s chairman is not only involved in the legal action instituted by Mrs Schofield but led the drive attempting to force the judge to recuse himself from cases in which members of four of the Rock’s major law firms appeared before him.
“Mr James Neish QC is a leading member of the legal profession in Gibraltar. He is a lawyer and a person of the highest degree of professionalism and integrity,” said Mr Caruana in a cautiously worded statement issued last week.. He also commented on the significance of the proposed legislation.
Modernising Move
“The Bill modernises our Judiciary, takes it out of the colonial area, and makes it more transparent and accountable, while at the same time enhancing and enshrining its independence,” Caruana is reported to have said. “The Bill also implements assurances given to the Bar Council in the lead-up to the Constitution referendum. I am very pleased that the Bill has been very broadly welcome by the overwhelming majority of the Judiciary at every level, and the legal profession,” he added and, in a statement publishing the draft legislation along-side the official Gazette, said that the consultation process has served to improve the Bill.
Bar Wars Aggravated by Caruana’s Publication of Contentious Legal Proposals
While Chief Minister Peter Caruana has not only finally broken his unnatural silence on the two critical issues which have created a widening chasm among Gibraltar’s legal fraternity, he has also thrown his weight behind the chairman of the Bar Council who is being sued for defamation by Anne Schofield, wife of the Chief Justice. And in a tactically ill-timed move he has gazetted the Bill which will reduce the independence of the judiciary and which, indirectly, sparked the clashes.
At the same time, in blunt criticism of the Bill’s implications and suggesting that it is, in fact, illegal, George Kegoro, executive director of Kenya’s International Jurists Commission has written to the Governor Sir Robert Fulton – who has already been drawn into the contretemps by the Bar Council - sending copies of his letter to its chairman James Neish QC, Britain’s Foreign Secretary, Judge Schofield and a local VOX journalist. (VOX exclusively reported Kegoro’s commitment to support Mrs Schofield’s criticisms of the proposed Bill a fortnight ago.)
Promoting Rule Of Law
In his letter Kegoro stresses that the Kenya section of the International Commission of Jurists has worked in Africa to promote and protect the rule of law, democracy and human rights since 1959. It has “developed a strong advocacy for the independence of the Judiciary”.
“ICJ Kenya is greatly concerned about the situation currently unfolding in Gibraltar, which we consider to be an infringement of the independence of the Judiciary and a breach of the Constitution of Gibraltar,” he writes. “Our concern has been brought about by the recent move by key officials in government seeking to remove the role of the head of the Judiciary, the Chief Justice, and transposing the same to the President of the Court of Appeal, through the enactment of the proposed Judicial Services Bill.
“The attempt is an infringement of your Constitution and is also contrary to international principles on the independence of the Judiciary as it seeks to abolish a constitutional office while the holder is still in office,” he claims.
“Further, we are concerned that if enacted, this amendment will impact on the overall independence of the Judiciary by removing the leadership of the Judiciary from the Chief Justice, who has security of tenure, and conferring it on the President of the Court of Appeal, who serves on contract. If there are public interest arguments which justify the proposed amendments, we would like to know them.
“The haste in which some members both in the Government and the Bar council of Gibraltar have sought to endorse the amendments, is likely to be perceived as political mischief whatever merits it may be thought to have. This event is in, our belief, instigated to push for the removal from office or otherwise make redundant, the office of the current holder Honourable Derek Schofield, a distinguished judge and who is regarded in considerable esteem in Kenya.”
He points to Schofield’s reputation for “unwavering independence as a judicial officer and his resolve to remain undeterred in the face of political interference with the judicial function”.
No Confidence Move
“It is our fear that because of the same virtues, which he has exhibited in Gibraltar, some members in your government and the Bar Council would desire his removal from office by passing a vote of no confidence in him and by proposing the enacting of an unlawful and illegal bill,” Kegoro writes.
“As on organisation that works in the third world, where the rule of law and democracy is facing severe challenges, ICJ Kenya has, over the years welcomed and benefited from the support of the government of Her Majesty, the Queen of England, in its advocacy for the rule of law and democratic governance. ICJ Kenya believes that Her Majesty’s government would not like Gibraltar to be an exception to the ideals that the government and the people of Britain champion abroad. If, notwithstanding our reservations, the proposed amendments are enacted, the moral authority of Britain to influence governance reforms in Africa will be weakened considerably.”
Kegoro concludes that as an organisation “accustomed to receiving periodic advice from Britain on how to uphold the rule of law... It is nor without considerable embarrassment that we are forced to give similar advice to you.”
Caruana Finally Breaks Silence to Defend Contentious Bill
As the letter was being delivered to the Convent, Caruana announced that nominations for the proposed Judicial Services Commission had been put forward to the Governor. As well as the president of the Court of Appeal, Judge Schofield and the Stipendiary Magistrate Caruana has included Chief Secretary Richard Garcia and Bar Council Chairman Neish in his choice. These would join the Governor’s own appointees Ricky Rhoda QC, the Attorney General, and Phillip Barton the Deputy Governor for the three-year life of the Commission.
Caruana’s choice of Neish is seen as a calculated affront to the Chief Justice as the Bar Council’s chairman is not only involved in the legal action instituted by Mrs Schofield but led the drive attempting to force the judge to recuse himself from cases in which members of four of the Rock’s major law firms appeared before him.
“Mr James Neish QC is a leading member of the legal profession in Gibraltar. He is a lawyer and a person of the highest degree of professionalism and integrity,” said Mr Caruana in a cautiously worded statement issued last week.. He also commented on the significance of the proposed legislation.
Modernising Move
“The Bill modernises our Judiciary, takes it out of the colonial area, and makes it more transparent and accountable, while at the same time enhancing and enshrining its independence,” Caruana is reported to have said. “The Bill also implements assurances given to the Bar Council in the lead-up to the Constitution referendum. I am very pleased that the Bill has been very broadly welcome by the overwhelming majority of the Judiciary at every level, and the legal profession,” he added and, in a statement publishing the draft legislation along-side the official Gazette, said that the consultation process has served to improve the Bill.
|
|
