We must guard against going down this path and the ill-advised desire – Pereira

One must guard against attacking the judiciary, and the “ill-advised” desire to tear it down.

The Chief Justice of the Eastern Caribbean Supreme Court (ECSC), Dame Janice Pereira, noted this during her address at the special sitting of the ECSC to mark the beginning of the 2020 law term.
Although the opening would normally have taken place in September, the ECSC has made a change in light of the dangers posed by the intense hurricane seasons.

It is a three-part occasion that involves an ecumenical service, then procession to the court, and finally a special sitting.

The Chief Justice’s speech, which covers many topics and is essentially a report of the court’s activities and future direction, was broadcast to all member states of the ECSC, from where the Court of Appeal sat in Antigua and Barbuda.

It took on the theme “A new era for the ECSC: the road to achieving court excellence.”

One of the issues briefly touched on by the Chief Justice was the role of judges.

She reminded, “The court as an institution is the bulwark for the protection and the vindication of human rights, and therefore the sentinel of the rule of law.”
Consequently, judges play a vital role, she stated.

“The independence of judges and the independence of the judiciary is necessary to safeguarding, maintaining, and promoting the rule of law,” Pereira continued.
She recognized that in recent times, “with the advent of social media, and blogs, coupled with the shield of anonymity provided by this medium, judges, and by extension the judiciary, have come under attack.”

“We must guard against going down this path and the ill-advised desire, largely driven by emotion rather than rational and objective thought, to tear down this institution,” she cautioned.
She stated that events unfolding in “other countries” have been observed with dismay, and that “we” must not follow suit.

“No good can come of it,” the Chief Justice concluded.

On the other hand, judges must guard against efforts “no matter how attractively packaged, to encroach upon the domain of the judiciary,” she stated, as this would result in the undermining of the independence of the judiciary.