Vincentian Supreme Court Justice under investigation for failure to deliver judgements

A tribunal has been appointed to investigate whether Justice Ianthea Leigertwood-Octave should be removed from office as a judge because of “repeated long and persistent failure…” to deliver judgements, despite being given help.{{more}}

According to the instruments of appointment for the members of the tribunal, on December 7, 2012, Chief Justice of the Eastern Caribbean Supreme Court Janice M. Pereira, under section 8 of the Supreme Court Order Ch. 2:01 of the Revised Laws of St Lucia, 2001, appointed Honourable Mr Justice Humphrey Stollmeyer as Chairman and member of the tribunal.

The other members of the tribunal, which met on February 27, 2013 at the Kreole Conference Room, Coco Palm Hotel, Rodney Bay, Gros Islet, St Lucia, are the Honourable Mr Justice Karl Harrison and the Honourable Mrs Justice Norma Wade-Miller.

The tribunal will report to the Chief Justice and recommend whether the question of removal of Her Ladyship, the Hon Justice Ianthea Leigertwood-Octave should be referred by Her Majesty to the Judicial Committee.

The instruments of appointment say the members of the tribunal will “investigate whether Her Ladyship, the Hon. Justice Ianthea Leigertwood-Octave ought to be removed from office for inability to discharge the functions of the office of High Court Judge of the Eastern Caribbean Supreme Court by repeated long and persistent failure in the period from conclusion of trials between 2006 to 7th December 2012 to deliver written reasons/judgements in matters over which the Judge has presided, within a reasonable time or at all including (a) matters in which written reasons/judgements are and remain outstanding and/or, (b) matters in which written reasons/judgements have been delivered but after significant delays from the date of the conclusion of the trials ranging, in some cases for periods in excess of more than one (1) year to as much as seven (7) years or for misbehaviour by way of such dereliction of duty as to bring the administration of justice of the Eastern Caribbean Supreme Court into disrepute, that is to say, having regard altogether to (a) the said repeated long and persistent failure in the period from conclusion of trials between 2006 and 7th December 2012 to deliver the said judgments and/or (b) the Judge’s said failure, notwithstanding being administratively de-rostered by the Chief Justice as a sitting judge in order to clear the backlog of the said unwritten judgments and/or (c) the specific concerns and complaints in respect of the said failure made by or on behalf of litigants to the Judge, Registrars and the Office of the Chief Justice and/or (d) in failing to co-operate with remedial efforts made by or under the direction of the Office of Chief Justice including, in many cases, failure to respond to that Office’s inquiries in respect of the said failure generally and, in respect of the said specific concerns and complaints by or on behalf of litigants and brought to the attention of the Judge, to Registrars and to the Chief Justice and to report to the Honorable Chief Justice and recommend whether the question of removal of Her Ladyship, the Hon. Justice Ianthea Leigertwood-Octave should be referred by Her Majesty to the Judicial Committee.”

Leigertwood-Octave, a Vincentian, was appointed to act as a high court judge in 2006. She holds a LLB from the University of the West Indies and a Legal Education Certificate from the Hugh Wooding Law School. She was registrar of the High Court in St Vincent and the Grenadines from 1995 to 2000 and Chief Registrar of the Eastern Caribbean Supreme Court from 2000 to 2006.