…AG plays down concerns over backlog of written decisions

ATTORNEY General, Basil Williams has assured that the high-level panel that had interviewed the candidates for the top judicial posts had recommended Justice Kenneth Benjamin to be chancellor of the Judiciary, playing down reports in another section of the media that the Belize Chief Justice did not score the most marks in the interview.

Justice Benjamin was selected and recommended to the President by a panel comprising former Justice of Appeal, Claudette Singh; Justice James Patterson and Professor Harold Lutchman. “I know that the person identified was Mr Kenneth Benjamin… [He] was recommended by the panel,” Williams, a Senior Counsel told a news conference at his chambers on Monday.

Asked why Justice Benjamin is a good choice to hold the post of Chancellor here, the Attorney General said the question should be directed to the President. He noted however, that the nomination of Justice Benjamin derived from the panel of persons identified by the President to interview and recommend a nominee. “I am sure the President had set out the transparent process and he appointed three exceptional luminaries and they dealt with it,” said Williams.

Asked whether he believes it would not be better to confirm the acting Chancellor and Chief Justice to the substantive posts, Williams said, “I couldn’t answer a question like that- it is not a matter for me…[But for] the president and Leader of the Opposition.” He noted that acting Chief Justice Roxane George-Wiltshire did not apply for her substantive post.

On January 2, President David Granger and Opposition Leader, Bharrat Jagdeo met and agreed to meet again next month for a another round of consultation on the appointment of a substantive chancellor of the judiciary and a chief justice. It was the Opposition Leader who requested time to consider the nominees for the top judicial posts.

Justice Benjamin, who is Guyanese by birth, was nominated by the head of state to hold the post of Chancellor, while acting Chancellor Yonette Cummings-Edwards was nominated for the post of Chief Justice. Justice Roxanne George-Wiltshire is currently serving as the acting Chief Justice.

Justice Benjamin had served as a magistrate in Georgetown in 1980 and 1981, and subsequently an Assistant Judge Advocate for the Guyana Defence Force. The Guyanese scholar has served 17 years as a High Court Judge of the Eastern Caribbean Court (ECC). If appointed chancellor, Justice Benjamin will replace Justice Cummings-Edwards, who has been acting in the post since March, 2017. Justice Cummings-Edwards has previously acted as the chief justice.

Article 127 of the Constitution of Guyana states that the Chancellor and the Chief Justice shall be appointed by the President acting after obtaining the agreement of the Leader of the Opposition; it is as a result of this constitutional provision that President David Granger is bound to meet with the Opposition Leader on the matter. It is expected that at the next meeting, slated for next month the Opposition Leader is likely to indicate his agreement with the nominees put forward by the President. Guyana has been without a substantive Chancellor since 2005 since the then Chancellor, Desiree Bernard, retired and took up the post as judge of the Caribbean Court of Justice (CCJ) the same year.

Backlog of cases
Meanwhile, Williams on Monday also brushed aside concerns about Justice Benjamin’s inability to complete a number of written decisions in Belize. The Attorney General using the biblical analogy in answering the question said: “He that is without sin among you, let him cast the first stone.” He added that there is no jurisdiction, certainly not Guyana that has not been beset by these issues of backlog of cases,” Williams said. Acknowledging that Guyana has over 10,000 backlogged cases, the Attorney General said when he first took office; he approached the Inter-American Development Bank (IDB) to partner with government on the issue.

The IDB he said explained that it had invested lots of money on a pilot project here but that proved to be a failure. In fact, Williams said when he took office in 2015 he discovered equipment purchased under that IDB funded project was hidden at his Ministry rather than being in the court- rooms. “We have to pass legislation in this country to delineate the time within which judges should render a judgment,” said the Attorney General even as he believes that implementing measures such as the digital voice system (verbatim) in the court will speed up trials and will provide judges with accurate information.

“The evidence is recorded electronically and you can get a print-out in a short space of time,” he stated noting that his government is inclined to ensure that there is access to justice and that there is speedy justice. It should be noted that reports in the Belizean press indicate that Justice Benjamin was under intense scrutiny for failing to reduce the number of backlog cases. In fact, it was published in the Amandala on December 16, 2017, a Belizean newspaper, that the Belize Bar Association in September had passed a resolution calling on Justice Benjamin to deliver delayed judgments for 32 cases he heard. Additionally, the Belizean Bar had threatened to have him removed from his post for misconduct.