A.G. to represent Judge Bovell-Drakes –  Private practitioner cannot be heard
JUSTICE Roxanne George yesterday refused an application from Attorney-at-Law Fitz Peters to represent Justice James Bovell-Drakes whose bail order for murder accused Trion Sumner has been suspended by Justice Diane Insanally, following a motion by the Director of Public Prosecutions.
Subsequent to the granting of the Order, the DPP, represented by Mr. Anil Nandlall, in a motion to the court, challenged the Order of Justice Bovell Drakes.  The Attorney General and  the accused Trion  Sumner were named Respondents.
Later, in a motion to another court, Attorney –at-law Mr. Basil Williams, counsel for Sumner, caused  his client to file an affidavit in answer which referred to Justice Bovell-Drakes order  as valid, legal and binding, and that the judge  acted competently and within the provisions   of the law.
Williams contended that the applicant’s motion is misconceived and ought to be dismissed with costs.
Later, Attorney-at-Law Mr. Fitz L. Peters indicated to the Court that he is appearing for Justice  James Bovell Drakes, and further informed the Court that he wished to make certain preliminary submissions. The matter was adjourned.
At this stage Mr. Nandlall took  a  preliminary point objecting to Mr.  Peters being  heard.
Pointing out that the judge is not a party to the proceedings and cannot properly be made a party to the proceedings,  Nandlall claimed that the only respondent to the proceedings was the Attorney General.
He submitted  that by no process  of legal reasoning and by no legal principle can one justify  Mr. Justice Bovell-Drakes being a party to these proceedings, nor can that judge be regarded as an aggrieved , affected  party so as to entitle him  to legal representation.   According to Nandlall, a Judge has no right to be heard when his decision is challenged.  He pointed out that the Attorney General was the proper party.

He reminded the Court  that by virtue of the constitutional doctrine of the separation of powers , the Judiciary  is not merely an organ of the  State. but  is part of the State itself, and is one of the three branches by which the State governs.

Yesterday Justice George  upheld the submissions by Mr. Nandlall  and disallowed Mr. Peters  from appearing for the judge.  Justice George ruled that the Judge could be represented by  the  Attorney General.

The matter was fixed for trial on April, 8, 2010.