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https://kiskadeewatch.com/opinion/letters/justice-anderson-should-have-reserved-his-response-to-the-allegations-against-him-for-the-investigatory-process/
Letters To The Editor

Justice Anderson should have reserved his response to the allegations against him for the investigatory process

By

Dear Editor,

The issues raised by the other five Judges of the Caribbean Court of Justice (the CCJ) about the President of the Court, Justice Anderson, in the leaked emails, is very troubling. The decision by the Regional Judicial and Legal Services Commission (the RJLSC) to investigate the matter in a transparent and independent manner is highly commendable. Investigating the matter in an independent manner must mean that Justice Anderson, the Chair of the RJLSC, must recuse himself from every aspect of the investigation, given that he is the target of the allegations in the leaked emails. Were the contrary to be the case, the principle that a man should not be a judge in his own cause would inevitably arise. And it would be unfair to his accusers, the other five Judges. There is also the principle that justice must not only be done, but it must be seen to be done.

This leads me to the statement released by Justice Anderson addressing the issues raised in the leaked emails against him by the other five Judges of the CCJ. To my mind, his release of the statement, knowing that the RJLSC has already decided to investigate the matter , has been an exercise of very bad judgement. And, even more so, given that he is the Chair of the RJLSC.  Justice Anderson should have reserved his response to the allegations against him for the investigatory process. And as an eminent jurist in the Caribbean, he ought to have known better. One can only surmise why he has opted to act so unseemly by issuing his statement. To my mind, in issuing the statement knowing that the RJLSC’s investigation is pending, he has acted unseemly and has brought the CCJ into disrepute. It is an exercise of poor leadership of the CCJ and the RJLSC.

If I may ask rhetorically, should each of the other five Judges, in particularly, Justice Eboe-Osuji, now be free to issue a statement addressing the issues in the leaked emails, knowing that the RJLSC’s investigation is pending. I hope that they opt to exercise good judgment by not emulating Justice Anderson.

Yours sincerely,

Willan Cyrus

England

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