Dear Editor,

I refer to an article by Rickey Singh, “Curious judicial developments” in the Observer of January 8. This article deals primarily with the retirement of the chief justice of Barbados, Sir David Simmons, but also contains some commentary on the tenure in office of the president of the Caribbean Court of Justice Michael de la Bastide. That commentary unfortunately contains some inaccurate statements and wrong assumptions which I have been directed by the Regional Judicial and Legal Services Commission to correct.

First, the article adopts a statement made in an editorial headlined “Saluting Sir David’s Services” in the Barbados newspaper, The Nation, of January 5 to the effect that by 2007 the age of retirement of the president of the CCJ had been increased to age 75. As will appear below, this statement is inaccurate. Second, the suggestion that there may be something questionable about “the processes that resulted in the extension of the incumbent president’s tenure” is based on a false premise, namely that these “processes” ought to have involved the Caricom Heads of Government. Third, the suggestion that there was a change in the “age of retirement of president of the CCJ” which “facilitated” Mr Justice de la Bastide, carries an innuendo that is unwarranted and unfair. The Commission has directed me to state the true position with regard to these matters.

In June, 2007 there came into force the Protocol to the Agreement Establishing the CCJ relating to the tenure of office of judges of the CCJ. That protocol did not alter the retirement age of CCJ judges but empowered the Commission until such time as the CCJ has its full complement of ten judges, to extend the tenure in office of a judge of the court if special circumstances so require. The extension is limited to age 75 or, in the case of the president, to completion of seven years in office if that occurs before his 75th birthday.

Although the appointment of the president of the CCJ is made by the Heads of Government on the recommendation of the Commission, the Heads have no part whatever to play in extending the president’s term of office. This is a matter exclusively within the discretion of the Commission. The protocol expressly provides, however, that where the Commission is considering an extension of the tenure of the president, the president (who is also the chairman of the Commission) shall take no part in any deliberations or discussions relating to the matter.

The facts relating to the extension of Mr Justice de la Bastide’s term of office are as follows:

Mr Justice de la Bastide reached the age of 72 on July 18, 2009. He did not apply for an extension of his tenure, but pursuant to a decision discussed and taken on June 27, 2008, in his absence, the Commission requested that he continue his leadership as president of the court beyond age 72. Mr Justice de la Bastide could not have been extended to age 75 as that would have taken him beyond the seven-year limit on tenure of the office of president. Accordingly, he was offered an extension to age 74, that is, to July 17, 2011, when he would have completed six years and 11 months in office. This offer he accepted.

Previously, the Commission had in June 2007 extended the tenure of another judge of the CCJ, Justice Pollard. In that case, the extension was to age 75.

The Commission would like to emphasise that the extension of the term of a judge of the CCJ, including the president, is a matter exclusively within its discretion.

Paula Pierre

Secretary

Regional Judicial and Legal Services Commission

Trinidad and Tobago

rjlsc@caribbeancourtofjustice.org