Thursday, 28 July 2022

I am truly delighted to extend a warm Cayman welcome to everyone attending this CARICOM Chief Justices and Heads of Judiciaries Conference.  

A welcome as well to the members of the judicial and legal fraternity who have taken time out of their busy workday to spend some time with us.

And, of course, an especially warm welcome to our visiting heads of judiciaries and their important backbones; their spouses.

Without diminishing that welcome in any way, it would be remiss of me were I not to offer a special welcome to the Hon. Justice Ivor Archie who gave to the Cayman Islands the benefit of an earlier stage of his career as a crown counsel.

The presence of everyone here today offers an opportunity to celebrate the importance of the role of the judiciary as an independent pillar of government. 

I have no hesitation in affirming that our other two arms of government are fully committed to respecting and protecting that inviolable independence.

However, we must never forget that it is public perception of institutional independence—not just what we have written in the Constitution or backed up in laws—that is most vital to maintaining public confidence. 

A former Chief Justice of Australia, Sir Gerard Brennan, defined what is unique to the judiciary in this respect when he said:

The Judiciary…

“…has not got, nor does it need, the power of the purse or the power of the sword to make the rule of law effective, provided the people whom we serve have confidence in the exercise of the power of judgment.”

And that confidence comes from both the actual and the perceived access to the courts; it is also grounded in the perception that justice is being meted out without fear or favour, affection or ill-will, and regardless of one’s place in society. 

For us here in the Cayman Islands, the entrenchment of the constitutional separation of powers is a relatively recent achievement.

The separation of powers was only fully and finally constitutionally entrenched in Cayman with the 2016 Constitutional Amendment. It was only then that it was established that the executive branch had no disciplinary authority over the judiciary—except when acting upon the advice of the Judicial and Legal Services Commission and only in cases of serious misconduct or inability to function.  Any other disciplinary matter must be left to be resolved internally between the Chief Justice and the member of the judiciary involved. 

That was a moment of real alignment of public perceptions and the constitutionally prescribed independence of the judiciary.

Meanwhile, as we travel on through yet another point on the continuum of public perception—that of actual access to justice—a well-established Judicial Legal Aid Department announced earlier this year and the launch of a fully staffed Legal Aid Clinic will go a long way to reinforcing such ideals.

Speaking not only as Premier but as a lawyer myself, I appeal to my legal colleague’s greater shouldering of the legal aid weight, which will contribute much to enhancing public confidence in our legal and judicial systems.

Fortunately, our now fortified continuum of public confidence is enhanced by initiatives such as this conference.  

The Conference agenda shows that you are focused on the sustained advancement of the efficiency of the administration of justice, its accessibility to all sectors of society, and enhancing the professionalism and well-being of the judiciary.

I have no doubt that you will also be exploring ways to utilize the technological advances to further enhance access to justice; a subject that our Chief Justice is very passionate about.

As I wish you a successful conference, I leave with you a favourite Biblical exhortation, “Let us not become weary in doing good, for at the proper time we will reap a harvest if we do not give up.” 

As a final word, I thank all members of the Cayman judiciary for their evident extraordinary passion for their work.

And, as he readies himself for retirement later this year, I add my thanks to our Chief Justice for his dedication and hard work.  Having spent twenty-four years as chief justice and nearly three decades as a judge, his contribution will undoubtedly form a very significant and important aspect of Cayman Islands’ judicial history. 

I wish you a happy and rewarding retirement, Sir Anthony, and every success as you lead this conference on this occasion. 

And my very best wishes to all our visiting judiciary as you embark on these two days of renewal, rejuvenation, and re-visioning.