Judicial Independence Argument Raised In Court:
By Darrin Culmer -
Nassau, Bahamas:

The hotly-debated issue of judicial independence arose again Thursday when counsel appearing on behalf of a murder convict in his re-sentencing hearing requested that the judge recuse herself from the proceedings.

Representing Keith Jones in the Supreme Court, attorney Wayne Munroe based his challenge on the ground that there might be a perception by reasonable members of the public that Senior Justice Anita Allen lacks judicial independence and is therefore not properly able to preside over the re-sentencing.

Jones was convicted of the October 1999 murder of James Rolle.

According to Mr. Munroe, the possible public apprehension that Senior Justice Allen lacks independence as a member of the judiciary is founded upon the fact that the government twice failed to appoint a commission to review the salaries and other compensation of justices of the Supreme Court and Court of Appeal as required by the Judges Remuneration and Pensions Act.

This perceived lack of independence, he contended, was inconsistent with a person’s constitutional right to a fair hearing within a reasonable time by an independent and impartial court.

Renewing the spotlight on the swift justice campaign launched by Attorney General Allyson Maynard-Gibson last year, Mr. Munroe further submitted that there could be a perception that the judiciary’s independence has been compromised by that initiative and the resulting report card issued on the performance of various courts.

In its submissions the prosecution maintained that the essential tenet of judicial independence has not been infringed and that judges are capable of performing their judicial functions.

After hearing the submissions of both sides Justice Allen adjourned the matter until next week Friday.

The review of Jones’ death sentence, along with those of a number of other death row inmates, was made necessary following the landmark ruling of the Privy Council last March, which held that the mandatory death sentence is unconstitutional in The Bahamas.

19 January 2007