Sometimes it is necessary to ‘bite the bullet’

It has been revealed by a Freedom of Information Request that Cayman Islands Chief Justice, Anthony Smellie, has spent $360,799.22 on legal fees from the court’s budget seeking a ruling regarding the power of the Judicial and Legal Services Commission (JLSC) established under the new constitution.

In November 2011 the United Kingdom’s (UK) Privy Council’s Judicial Committee ruled that a petition filed by the Chief Justice in relation to constitutional questions regarding the impartiality and independence of the local judiciary should be heard in the Cayman Islands own Grand Court.

Chief Justice Smellie explained that the aim of his petition was to bring local provisions for judicial tenure and discipline in line with standards in the UK as a means of safeguarding the independence of the judiciary.

“Great care will need to be taken as the next steps are explored,” he said, claiming if the matter had been resolved before the Privy Council it would have been quicker, simpler and less costly than dealing with it locally, especially if the matter went back to the Privy Council on appeal.

The Cayman Islands Bill of Rights now guarantees the fundamental right of every person to a hearing before an “independent and impartial” court.  Smellie explained, “An important assurance of those rights, is firmly and indisputably established tenure and judges must be and seen to be unconstrained by potential influences. We took action now to avert any possibility of any attempted rogue influences in the future, whether real or perceived.”

It is unfortunate the UK did not see it as our Chief Justice did and we all know that the quickest way to break your bankroll is to go to Court. No matter who wins or loses both sides get paid. This is not a case for winner takes all.

Yes, we have another big bill to pay but it would have been worth it if the ruling had been different.

This is not the case for wasteful spending as is now being intimated in some quarters.

Sometimes we have to bite the bullet when we lose.

As Chief Justice Smellie said, the matter, after being heard in Cayman’s Courts, might still have to be heard in the UK and he was trying to circumvent that happening.

It is always wiser after the event. If you try and don’t succeed try, try again. Then quit. But don’t blame me unmercifully for trying.