Justice Desiree Bernard, who is set to retire as a judge in the Caribbean Court of Justice (CCJ) in the near future, has left a legacy locally, regionally and internationally not just as a woman in the judiciary but also as a tireless worker on women and gender equality issues.
And while she is retiring from the CCJ as a judge, a position she has held since April 2005, Justice Bernard will still be functioning as a judge on the Inter-American Administrative Tribunal, a post she was appointed to in February 2011.
As a woman Justice Bernard boasts many firsts, starting with being the first and only female to be appointed President of the Organisation of Commonwealth Caribbean Bar Associations (OCCBA) in 1976; the first female Chancellor of the Anglican Diocese of Guyana, and the first in the Province of the West Indies in 1994. In 1980 she became the first female High Court judge; in 1992, the first female Justice of Appeal in the Court of Appeal; four years later the first female Chief Justice in Guyana; and in 2001 the first female Guyanese Chancellor and Head of the Judiciary and President of the Court of Appeal. The present position she holds at the CCJ is also the first for a female.
Told that she may have led the way for women to take up a leadership role in the judiciary as there have been many female judges since she was first appointed to the bench, Justice Bernard was modest about accepting this.
“Maybe I did pave the way…because once you break the barrier and me being the first it opened the avenue for others. It could have been said I led the way,” she said.
But while Justice Bernard has had many long and fulfilling years in the judiciary in addition to the period when she was a solicitor, she would tell you that her introduction to the law was not of her own making but rather it may have been the consequence of the potential others saw in her. She would tell you that she only applied for all the positions she held in the judiciary after being prompted by others.
And today as she reflects she says her years in the judiciary were “…very rewarding, very interesting and very productive. I thoroughly enjoyed my 33 years…”
During a telephone interview with the Sunday Stabroek from her office in Trinidad, Justice Bernard said she is satisfied as she believes that the judgments she had written would have reflected justice for the persons who had been before her.
And no judgment stands out in her mind as being more important than another as she heard cases in both the criminal and civil jurisdictions. But the first criminal case she did still comes to mind as it concerned a man accused of raping his 14-year-old niece and Justice Bernard said she views such offences as serious since they involved children. The man was found guilty and she sentenced him to 25 years in prison.
Speaking about her journey to making the law her profession, Justice Bernard recalled that it was never her lifelong dream to be a lawyer as she never saw herself as having the capacity to undertake legal work. But when she completed her ‘A’ levels it was suggested that she move in that direction, and because in those days the profession was split in two ‒ there was the solicitor who prepared the case and the barrister who presented it ‒ it was suggested that she train as a solicitor. She went to work as a solicitor with Cameron & Shepherd in the 1960s, and in 1967 she opened her own chambers. In 1980 the dichotomy between barristers and solicitors came to an end, and the profession was fused into one and all the members of it became attorneys-at-law. Following that she was asked by then Chancellor of the Judiciary Victor Crane if she was interested in becoming a judge in the High Court.
“I was not too keen on it because I did not think I had the capacity…but after thinking about it I agreed, and once I got into it I liked it and made the best of it,” the judge said.
She certainly made the best of it as in 1992 she became the first woman to be appointed a judge in the Court of Appeal and later in 1996 she became the first female Chief Justice. Five years later when she was encouraged to apply for the post of Chancellor, Justice Bernard again hesitated, but she went ahead, and it was the same scenario when it was suggested she apply to join the CCJ. She was told the court could not start without a female but acknowledged that she applied only because she was persuaded to do so as “I would not have done it on my own.” However, she continued, “I have no regret, hopefully I led the way for other women to follow.”
At present Guyana, Barbados and Belize are the only countries that use the CCJ as their final court of appeal, but Justice Bernard said it is hoped that the other Caribbean nations would follow suit as it was a necessary for the people of the region to have their final court in their own jurisdiction instead of clinging to a court miles away. She pointed out that Guyana had led the way since it had abolished the Privy Council in 1970, and after the CJJ was formed the country decided to join and make it the final court of appeal.
“Hopefully the others would see the light and respond,” Justice Bernard commented adding that because it was the final court the judges were always careful that their judgments could bear scrutiny.
“As members of the court we would discuss, write, sometimes re-write and come up with a judgment that can stand up internationally, and we have done it,” she said.
Meanwhile, given her years of experience in Guyana’s judicial system she asked where she sees it today, and Justice Bernard responded that as with every justice system it could always be improved “and one should never sit on their laurels, so to speak, and say it does not need improving… It needs improving, it is a work in progress…” She added that she would like to see more judges on the bench which would then reduce the backlog of cases.
However, for this to happen Justice Bernard said the emolument for judges would have to be increased to attract lawyers to the bench, as they would not give up their private practices unless it was profitable. She said the conditions in the court also need to be improved but conceded that wherever the administration of justice is being carried out there would be need for improvement and this would take money; however, she hopes this would be done.
Legal Aid
In Guyana one of the important ventures she was involved in was the formation of the Georgetown Legal Aid Clinic, holding the post of chairperson of its Board of Directors for many years.
She recalled that she was a practitioner when the clinic was first established and she continued her involvement over the years. She said the formation of the clinic helped those without the means to access representation in the courts.
But apart from the law and the judiciary Justice Bernard has been involved in many other areas; she was the President of the Georgetown Toastmistress Club, a founder member of the Guyana Consumers Association, a member of the Council of the University of Guyana, member and Deputy Chairman of the Guyana Adoption Board, member of the Guyana Labour Code Commission, member of the Income Tax Board Review and member of the Board of Trustees of the Guyana Girl Guides Association, among others.
Asked how she found time for it all, Justice Bernard said someone would always find time if they were interested. She pointed out that she has always been particularly involved in women’s activities and she said improving the status of women kept her interested, while all the busy years were rewarding.
She said women across the region have made immense progress over the years, and in most of the countries there are active women groups. “Women have come a long way through the years and it has been very fulfilling to encourage women to take up their responsibilities,” she noted.
Her advice to young women is to let excellence be their key word, and that they should always perform to the best of their ability and “don’t cut corners; that works wonders in your success.”
And Justice Bernard said that she is concerned about the violence that is pervasive throughout the Caribbean and needs to be addressed. She said the news is always filled with people killing each other, and that people need to have more respect for each other and for life.
While she is sad to leave the CCJ, Justice Bernard, a mother of one daughter, said one should always know when it is time to leave, and for her the time is right. However, she would stay in contact with the court and offer assistance wherever necessary. She will still sit on the Inter-American tribunal but spend some time relaxing and work on putting the many speeches she had delivered over the years into book form.
And would she think about entering politics?
“I would never enter politics, don’t like it, never did like it and never will,” she said with finality.
Solution to last week’s chess puzzle
Black checkmates in six. Felix Ignatiev v Alexander Kotov, USSR, 1967 …Bh6 if Qxh6 (or Bxd6) Qa1 + Kc2 Nd4 + Kc3 Rc8 +
Henry Grob v Ossip Bernstein, Berne, 1932
Black to play and win
Chess games
Zhao v Gikas
Event: Tradewise Gibraltar
Site: Caleta, Gibraltar
Date: January 28, 2014
Result: 1-0
White: Zhao Xue
Black: Andreas Basilius Gikas
White Elo: 2568
Black Elo: 2189
1. d4 d5 2. c4 c6 3. Nc3 Nf6 4. Nf3 dxc4 5. a4 Bg4 6. Ne5 Bh5 7. f3 e6 8. g4 Nd5 9. e4 Qh4+ 10. Ke2 Nxc3+ 11. bxc3 Bg6 12. Be3 Nd7 13. Nxc4 h5 14. g5 Be7 15. Qd2 f6 16. Bf2 Qxg5
17. Be3 Qh4 18. Rg1 Bf7 19. h3 e5 20. Na5 b6 21. Bf2 Qf4 22. Qxf4 exf4 23. Nxc6 Bc4+ 24. Kd2 Bxf1 25. Rgxf1 Kf7 26. a5 Rhe8 27. Nxe7 Kxe7 28. Rfb1 g5 29. Kd3 Kd6 30. Rb5 Kc6 31. c4 Red8 32. Kc3 Rg8 33. Rf5 Rab8 34. h4 g4 35. Rxf4 g3 36. Be3 bxa5 37. Kc2 Rb4 38. Bd2 Rxc4+ 39. Kd3 g2 40. Kxc4 g1=Q 41. Rxg1 Rxg1 42. Bxa5 Rc1+ 43. Kd3 Rd1+ 44. Bd2 Rh1 45. Bb4 Rd1+ 46. Kc3 Rc1+ 47. Kd2 Rh1 48. Be7 a5 49. Rf5 Rxh4 50. Rxa5 Rh2+ 51. Ke3 h4 52. Ra7 Nb6 53. d5+ 1-0.
Kenney v Muzychuk
Event: Tradewise Gibraltar
Site: Caleta, Gibraltar
Date: January 28, 2014
Result: 0-1
White: Jason Kenney
Black: Mariya Muzychuk
White Elo: 2112
Black Elo: 2503
1. c4 c5 2. g3 Nc6 3. Bg2 g6 4. Nc3 Bg7 5. Nf3 e5 6. O-O Nge7 7. a3 d6 8. b4 e4 9. Ng5 h6 10. Ngxe4 f5 11. bxc5 fxe4 12. cxd6 Qxd6 13. Nxe4 Qc7 14. Rb1 O-O 15. d3 Kh7 16. a4 b6
17. Bb2 Bxb2 18. Rxb2 Be6 19. Qa1 Rad8 20. Rd2 Qe5 21. Qxe5 Nxe5 22. Rc1 Nf5 23. h3 Nd4 24. Rb2 g5 25. Ra1 Nec6 26. Kf1 Rf7 27. Nd2 Rdf8 28. f3 Re7 29. Nb3 Nxb3 30. Rxb3 Bd7 31. Rb2 Re5 32. Rb5 Rff5 33. Rxe5 Rxe5 34. Kf2 Nd4 35. Ra2 Ra5 36. e3 Ne6 37. f4 gxf4 38. gxf4 Rxa4 39. Rd2 Kg6 40. Kf3 Nc5 41. e4 Ra3 42. Bf1 b5 43. f5+ Kf7 44. Kf4 bxc4 45. dxc4 Bc6 46. Rd6 Bxe4 47. Be2 Rxh3 0-1
Rindlisbacher v Rapport
Event: Tradewise Gibraltar
Site: Caleta, Gibraltar
Date: January 28, 2014
Result: 0-1
White: Jan Rindlisbacher
Black: Richard Rapport
White Elo: 2249
Black Elo: 2691
1. d4 g6 2. c4 Bg7 3. Nf3 d6 4. e4 Nf6 5. Nc3 O-O 6. Be2 Nc6 7. O-O e5 8. d5 Ne7 9. b4 Nh5 10. c5 Nf4 11. Bxf4 exf4 12. Rc1 a5 13. cxd6 cxd6 14. b5 h6 15. Nd2 f5 16. Nc4 Bxc3 17. Rxc3 fxe4 18. Qd4 f3 19. gxf3 Nf5 20. Qxe4 Bd7 21. Ne3 Qg5+ 22. Kh1 Rae8 23. Qd3 Qh4 24. Rc4 Bxb5 25. Nxf5 Bxc4 26. Nxh4 Bxd3 27. Bxd3 Rf4 28. Nxg6 Rxf3 29. Bb1 Re2 30. Kg2 Rf6 31. Kg3 Rb2 32. Nf4 b5 33. Nd3 Rd2 34. Rc1 b4 35. Rc8+ Rf8 36. Rc6 Rd1 37. Rc1 Rxc1 38. Nxc1 a4 39. Nd3 Rb8 40. Kf3 b3 41. Ke3 b2 42. a3 Rb3 43. Kd2 Rxa3 44. Kc2 Rb3 45. Ba2 Rb7 46. Nxb2 Rf7 47. Nd3 Rf3 48. Bc4 Rh3 49. Kb2 Rxh2 50. Ka3 h5 51. Kxa4 h4 52. Kb5 h3 53. Nf4 Rh1 54. Be2 h2 55. Bf3 Rf1 56. Nd3 Kf8 57. Kc4 Ke7 58. Kd4 Kf6 59. Ke4 Kg5 60. Ke3 Ra1 61. Be4 Kf6 62. f4 h1=B 63. Bxh1 Rxh1 64. Nf2 Re1+ 65. Kd4 Kf5 66. Nd3 Re2 67. Kc4 Ke4 68. Nb4 Re1 69. Nd3 Rf1 70. Nb4 Rc1+ 71. Kb5 Rc3 72. Kb6 Kxf4 73. Nc6 Ke4 74. Ne7 Rc5 0-1
Wahlbom v Nwoye
Event: Tradewise Gibraltar
Site: Caleta, Gibraltar
Date: January 28, 2014
Result: 1-0
White: Magnus Wahlbom
Black: Nnamdi Nwoye
White Elo: 2297
BlackElo: ?
1. d4 Nf6 2. c4 c5 3. d5 b5 4. cxb5 a6 5. e3 Bb7 6. Nc3 Qa5 7. Bd2 axb5 8. Bxb5 Qb6 9. Bc4 e6 10. Nf3 exd5 11. Bb3 Na6 12. O-O Bd6 13. Na4 Qd8 14. Bc3 c4 15. Bxc4 Bxh2+ 16. Nxh2
dxc4 17. Qd6 Rc8 18. Rfd1 Rc6 19. Bxf6 Rxd6 20. Bxd8 Rg6 21. f3 Kxd8 22. Rac1 Re8 23. Kf2 Rge6 24. Nf1 Bc6 25. Rxc4 Bb5 26. Rcd4 R8e7 27. Nc3 Bxf1 28. Kxf1 Nc7 29. e4 g6 30. Nd5 Nxd5 31. Rxd5 Ra6 32. a3 Rf6 33. Rd6 Rf4 34. Kf2 Rh4 35. b4 f5 36. exf5 gxf5 37. R6d4 f4 38. b5 Rg7 39. R1d2 Rh2 40. Kg1 Rh5 41. Rb2 Rf5 42. b6 Kc8 43. b7+ Kb8 44. Ra4 1-0 .
Carlsen v Anand
Event: Anand-Carlsen World
Championship
Site: Chennai, India
Date: November 15, 2013
Round 5
Result: 1-0
White: Magnus Carlsen
Black: Viswanathan Anand
1.c4 e6 2.d4 d5 3.Nc3 c6 4.e4 dxe4 5.Nxe4 Bb4+ 6.Nc3 c5 7.a3 Ba5 8.Nf3 Nf6 9.Be3 Nc6 10.Qd3 cxd4 11.Nxd4 Ng4 12.O-O-O Nxe3 13.fxe3 Bc7 14.Nxc6 bxc6 15.Qxd8+ Bxd8 16.Be2 Ke7 17.Bf3 Bd7 18.Ne4 Bb6 19.c5 f5 20.cxb6 fxe4 21.b7 Rab8 22.Bxe4 Rxb7 23.Rhf1 Rb5 24.Rf4 g5 25.Rf3 h5 26.Rdf1 Be8 27.Bc2 Rc5 28.Rf6 h4 29.e4 a5 30.Kd2 Rb5 31.b3 Bh5 32.Kc3 Rc5+ 33.Kb2 Rd8 34.R1f2 Rd4 35.Rh6 Bd1 36.Bb1 Rb5 37.Kc3 c5 38.Rb2 e5 39.Rg6 a4 40.Rxg5 Rxb3+ 41.Rxb3 Bxb3 42.Rxe5+ Kd6 43.Rh5 Rd1 44.e5+ Kd5 45.Bh7 Rc1+ 46.Kb2 Rg1 47.Bg8+ Kc6 48.Rh6+ Kd7 49.Bxb3 axb3 50.Kxb3 Rxg2 51.Rxh4 Ke6 52.a4 Kxe5 53.a5 Kd6 54.Rh7 Kd5 55.a6 c4+ 56.Kc3 Ra2 57.a7 Kc5 58.h4 1-0 .
