Freeport based Queens Counsel Maurice Glinton says without a substantive Chief Justice appointed, the Judiciary branch no longer serves as an independent branch of government.
Mr. Glinton has joined a large number of the members of The Bahamas Bar Association who are agitating for Prime Minister Doctor Hubert Minnis to make the appointment under the constitution of the Bahamas.
Speaking on the Love 97 Radio Show “On Point”, Mr. Glinton said “we do not ever want it to appear that the Chief Justice, whoever the occupant is, is in a position here when he speaks or just by his presence he is not recognized for what he is, which is head of an independent branch of government.”
The Senior lawyer added, “when that person exists in an acting form, there is no such thing. It doesn’t exist. The independency of the branch, as perceived, that branch of government does not exist because why isn’t there a substantive Chief Justice? The argument would be because the Prime Minister doesn’t want to do so yet. Well, what it does show then is the supremacy of the executive.”
Mr. Glinton said, “when it comes to the Chief Justice, he must not only be in a position to give direction; but he must also be in a position to put in motion even a plan for his own succession. He must also be able without communicating it orally to those judges that are beneath him that he is here for a purpose.”
That purpose, according to Mr.Glinton, is to serve as the head of the Judiciary branch.
He also said that Prime Minister Minnis should be consulting with experienced members of the Judiciary Branch to make an educated decision as to who the next Chief Justice should be.
He added, “rather using Judiciary to enhance their own profile, they bring something to the judiciary. Most people go into the judiciary just to enhance their CV’s. That should never be.”
Senior Justice, Stephen Issacs was appointed some months ago as Acting Chief Justice after Sir Hartman Longley was appointed President of the Court of Appeal. He succeeded Dame Anita Allen who reached the mandatory retirement age.
Mr. Glinton said ,“we just would be happy to see the Prime Minister discharge the function on him and not to continue to give the impression that somehow, this is within his prerogative to do or not to do.”
