Full Court pays tribute to Justice Kennard
The late Justice Cecil Kennard
The late Justice Cecil Kennard

-remembers him as a ‘master teacher of the law’, distinguished son of the soil

A SPECIAL sitting of the Full Court was held on Wednesday to pay tribute to former Chancellor of the Judiciary, retired Justice Cecil Kennard, who died on March 12 at the age of 86.

His judgments in criminal and civil law were celebrated as important decisions in local jurisprudence.

Among those who gave glowing tributes were Chief Justice (ag) Roxane George, Chancellor of the Judiciary (ag), Yonette Cummings-Edwards; Attorney-General (AG) and Minister of Legal Affairs, Anil Nandlall and Director of Public Prosecutions (DPP), Shalimar Ali-Hack.

The AG enlightened the members of the judiciary who were present, about the life and work of Justice Kennard.

Justice Kennard’s legal career began in 1962 after he graduated from the Lincoln’s Inn in London, and was called to the local bar that same year. In 1965, he was appointed Crown Counsel in the DPP’s office and after Guyana gained its Independence in 1966, he continued in that office as a State Counsel.

Justice Kennard also served as a Legal Adviser to the Guyana Police Force (GPF) from 1971 to 1973. During that period, he also acted as a rent assessment magistrate on a part-time basis.

After spending a number of years in Antigua prosecuting high-profile cases, Justice Kennard returned to Guyana in 1977 and was appointed a High Court Judge. In June 1985, he was appointed a Justice of Appeal and ten years later in January 1995 he was appointed Chief Justice.

Chief Justice (ag) Roxane George

In 1996, he was awarded the Cacique Crown of Honour (CCH) for distinguished service in the area of law. It was also in that year that he was appointed Chancellor of the Judiciary. Justice Kennard also served as Chairman of the Police Complaints Authority until 2017.

Meanwhile, the Chief Justice (ag) reflected that the late chancellor was a distinguished son of the soil and a legal luminary who served with distinction. She said that he had always put service to his country above himself and dedicated his life to the legal system of Guyana.

“He carved his niche and made an indelible mark on this earth. Throughout his career and in all that he engaged in professionally, especially in horse racing and cricket, he conducted himself with decorum and integrity,” she said.

Against this backdrop, Justice George said that he revolutionised the approach of the PCA by making it more “people-centred” by the many outreaches he conducted in rural and interior communities.

“Chancellor Kennard’s name has been etched in the annals of the country’s legal history through the many landmark cases he presided over [and] which have led to the development of Guyana’s jurisprudence, especially in criminal law. His industry in the Full Court should serve as an inspiration to us who preside at the High Court to be as prolific. As Justice of Appeal and chancellor, he published numerous decisions, many of which are reported in the West Indian Reports,” she said.

The Chief Justice (ag) added that while Justice Kennard’s interest was in criminal law, he dealt with rather interesting points of law in the civil jurisdiction.

Also, with regards to criminal law, she said that his reported decisions exemplified the range of legal issues he addressed.

Some of the legal landmark issues he addressed involved the right to retain counsel for a trial, admissibility of confession statements, identification, res gestae as an exception to the hearsay rule, ultra far convict, assessment of opinion evidence, extradition and the thorny issue of joint enterprise and the liability of secondary parties.

Chancellor of the Judiciary (ag), Yonette Cummings-Edwards.

During her presentation, the Chief Justice (ag) cited the decision of the former chancellor in the case of Dorset vs the State, a decision which espoused the importance of fairness.

“This decision was Dorset and Somerset vs the State where a witness gave evidence in court which was inconsistent with the written statement to the police. No doubt, drawing on his experience as a prosecutor, and the duty embedded to persons holding this office, he held that the prosecutor ought to have brought the existence of the inconsistent written statement to the attention of the court and to the defence so that the witness’s credibility could have been tested,” she said.

While describing Justice Kennard as a “master teacher of the law,” the Chief Justice (ag) said that he has left an indelible mark on the legal landscape of Guyana, the Caribbean and the Commonwealth.

In her tribute, Chancellor of the Judiciary (ag), Yonette Cummings-Edwards, said that Justice Kennard was a “legendary son of the soil” who had a passion for criminal law, which she said started during his tenure as Crown Counsel at the chambers of the DPP.

“So extensive was his practice in that field that he moved up the ranks quickly to various positions such as Senior Crown Counsel, Senior State Counsel, Assistant DPP, Deputy DPP,” she said.

She recalled appearing before him while she was a state prosecutor many years ago.

“I recalled seeing his anxiety in ensuring that justice is done in all the cases. The aphorism that justice must not only be done but must manifestly appear to be done was infused in all court proceedings and decisions in which he attended,” she said.

“It was a joy and learning experience to appear before him. He had an intolerance for mediocrity… His rulings, directions, and decisions were without frills. They were clear, they were concise, and they were to the point,” the acting chancellor said as she explained to the gathering that Justice Kennard played an integral part in her ascension to the bench.

Among his many contributions to the jurisprudence of Guyana and the delivery of justice to the public, Chancellor Cummings-Edwards said that Justice Kennard is credited with having the Court of Appeal sit in the county of Berbice as an itinerant court to hear and determine appeals from both civil and criminal cases.

She revealed that come Friday, the commissioning of the Kwakwani Court will be a remembrance of the work and life of the late Justice Kennard.

“He is in a better place discussing the law. His rich legacy will always remain in their hearts, the courts of Guyana and the wider Caribbean,” she said before expressing her condolences.

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