Ahead of last Friday’s general elections in Dominica, the Organization of Commonwealth Caribbean Bar Associations (OCCBA) joined with the Organisation of Eastern Caribbean States (OECS) Bar Association in condemning recent sustained attacks on High Court judge Birnie Stephenson, a sitting High Court Judge in the Commonwealth of Dominica.
Justice Stephenson, who is Guyanese, has been assigned to Dominica by the Eastern Caribbean Supreme Court.
In a statement issued last Thursday, OCCBA, of which the Bar Association of Guyana is a member, said it viewed with dismay the many attacks on Justice Stephenson on social media and elsewhere by some dissatisfied with her rulings. “Such actions cannot be condoned as they undermine the rule of law and promote unwarranted public distrust in the administration of justice,” it warned.
The OCCBA added that it recognised that judges are not immune from criticism, even robust criticism, in the discharge of their functions but warned that it ought not to extend to “derogatory, defamatory and inflammatory expressions” that expose the judge to ridicule, contempt and even possible violence.
Judges are appointed to discharge their functions without fear or favour and ought not to be pressured into ruling one way or another for a particular party due to fear of political reprisals, the OCCBA further noted, while saying that the system is adequately equipped to address what may be perceived as the wrong decisions, failures and shortcomings of judges. “Instead of descending into personal attacks, and wittingly or unwittingly instigating violence against our judges, we urge all parties concerned to use the existing mechanisms of redress and appeals to right perceived wrongs,” it added.
In an earlier statement, the OECS Bar Association recorded its concern about recent attacks on Justice Stephenson, prior and subsequent to the hearing of a recent election matter. It noted that the judge had come under sustained and seemingly well-orchestrated attacks, threatening her own safety and personal security due to dissatisfaction over her ruling.
“We roundly condemn the unfortunate and unwarranted attacks on Justice Stephenson and by extension on our judiciary. We urge the authorities in Dominica to take the necessary measures to ensure that proper systems are in place for the safety and security for Justice Stephenson and other Judicial Officers,” the body said.
“The OECS Bar will continue to promote and jealously safeguard the independence of our Judiciary which represents our last bastion of justice. We urge parties to desist from any action that undermines the independence and authority of the Judiciary,” it added.
It also called on the people of Dominica, particularly member lawyers and the local Bar Association, to remain calm and to engage the legal process and to exhaust all legal measures, if necessary, to peacefully resolve the extant impasse and avert any potential for violent confrontation.
Prime Minister Roosevelt Skerrit won 18 of the 21 legislative seats at last Friday’s polls in Dominica to lead the Dominica Labour Party to an unprecedented fifth term in office.
