Chief Justice of the OECS Sir Dennis The International Criminal Tri- Byron, President of CJEI (Fellow bunal for was appointed by 1997), left St. Lucia on June 7, 2004 the to try cases of to take up an appointment as a Per- genocide in the African country. The manent Judge of the International Tribunal issued its first indictment in Criminal Tribunal for Rwanda, November 1995. Since then, it has which operates from Arusha, Tanza- made steady progress towards the nia. fulfillment of its mandate and has In 1990, Sir Dennis was ap- made a notable contribution to the pointed to the Court of Appeal of the development of international crimi- Eastern Supreme Court. nal justice. Before that he served as a High Those convicted included Jean Court Judge of the Eastern Caribbean Kambanda, the Prime Minister of Supreme Court in Antigua, Montser- Rwanda during the genocide, who rat, and St. Lucia from became the first Head of Govern- 1982. Sir Dennis was acting Chief ment to be indicted and convicted Justice of the Supreme Court of CJEI President Honourable Chief of genocide. Fourteen Ministers of in 1986 and presided over Justice Sir Dennis Byron the 1994 Interim Government in the murder trial. Rwanda are also in the Tribunal’s In the past decade, Sir Dennis’ career has at- custody as well as senior military commanders, tracted international recognition. He was a mem- high-ranking central and regional government offi- ber of a team of prominent jurists selected by the cials, prominent businessmen, church leaders, International Bar Association to investigate and journalists, intellectuals and other influential fig- report on issues affecting the independence of the ures. judiciary in . United Nations Secretary General In March 1999, he was invited by the Com- has expressed the hope that the work of the Tribu- monwealth of Learning to address The Pan Com- nal will contribute to the long-term process of na- monwealth Forum on Open Learning held in tional reconciliation in Rwanda. Brunei on the subject of Distance Learning in Judi- Last week, members of the Judiciary and staff cial Education. Later the same year, he was ap- of the Eastern Caribbean Supreme Court honoured pointed Coordinator of the Conference of Com- Sir Dennis for the work he had accomplished in monwealth Chief Justices at the 12th Common- reforming the Eastern Caribbean Supreme Court wealth Law Conference held in Malaysia. since his appointment as Chief Justice. His appointment to the International Criminal Sir Dennis was knighted by the Queen four Tribunal for Rwanda, fulfills a life-long dream of years ago. Last November he was elected as an serving in the African continent, Sir Dennis said Honorary Bencher of the Society of Inner before leaving the region. Temple.

In This Issue

News & Notes………...……….…..2 “Knowledge Management” By Honourable Justice Madan Message from the Chair…...…...4 B. Lokur…………..…………..….10 In Memoriam……………………...5 Calendar of Events………….….16 Second Biennial Meeting of In Your Opinion…………...…..18 Judicial Educators…………….....6 Profiles……………………………...8 Resources for Judges…………….9

Official Newsletter of the Commonwealth Judicial Education Institute CJEI Report June 2004 Page 2

♦ In August last year the Honourable Chief Justice Sir retired ♦ The Honourable Justice David from the bench after serving nearly 20 Wangutusi (CJEI, years as a Judge of the PNG Supreme & 1999) has just been appointed to head the National Courts. As a result, the former newly established Judicial College as Di- Honourable Deputy Chief Justice Sir rector. Mari Kapi (CJEI, 1995) was appointed as The Judicial College was the new Chief Justice of the Supreme & established in January 2004 in Kampala. Initially the College will handle the train- ♦ Mr. Goemekgabo L. National Courts. Sir Mari served as Dep- uty Chief Justice since April 1982. His ing of Ugandan judicial and non-judicial Tobogo-Maruping (CJEI, staff. In the future the College hopes to 2000) has become Registrar at new ten-year appointment began in Au- expand training to other legal Officers in the Industrial Court of Botswana (Labour gust 2003. the Ministry of Justice Crown Counsel, Court). As a result he will attend this Advocates, Prosecutors and eventually year’s annual ILO meeting in Geneva, train Officers from the Africa region in Switzerland for 3 weeks starting on 30 judicial disciplines. May, 2004. Mr. Tobogo-Maruping is also proud ♦ May 9-13, 2004, the Honourable to announce the birth of his new son, Judge Sandra Oxner, Chairperson of Rotlhe, which means “we are all CJEI, attended the Women Judges Confer- together now.” This is his fifth child. ence in Entebbe, Uganda. She presented a paper during a session on judicial integrity. ♦ On June 1, 2004 the Honourable Jus- The conference was hosted by the Interna- tice Ramesh Chandra Lahoti assumed tional Association of Women Judges. the office of The Chief Justice of India. Known for his humane approach to cases, ♦ Last December the Honourable Jus- he is India’s 35th Chief Justice. He suc- tice Joseph Nyamihana Mulenga (CJEI, ceeded Chief Justice S. Rajendra Babu. 2002) became the Acting President of the East African Court of Justice in Arusha, ♦ The Honourable Justice Ivor Archie . (CJEI, 2003) has been elevated to the Court of Appeal in Trinidad and Tobago Please send us news for our next edition of “News and Notes” effective April 2004. See contact information on the last page

Malta Judicial Studies Committee Launched

The Judicial Studies Committee (JSC) was officially launched during a ceremony held on the l7th of October, 2003. Besides the members of the Maltese Judiciary, present for the occasion were the Minister of Justice and Home Affairs, and various members of the diplomatic corps. The keynote speaker was H.H. Judge William Rose, the Director of Studies of the Judicial Studies Board of and Wales. Since that date, the JSC has held two seminars. The first was held on the February 26-28, 2004 on the theme "Advancing Judi- cial Approaches to Mediation in Civil and Commercial Matters". The keynote speakers were Mr. M. Appel from the U.S.A., Mr. J. Claus from the Council of Europe, Honourable Judge D. Cooke (U.K.), Honourable Judges M.A. Spliet and H. Steenberghe (The Neth- erlands) and Honourable Judge A. Zalar (Slovenia). The second seminar was held between the March 8-9, 2004 in collaboration with The Lord Slynn of Hedley European Law Foundation. The theme was "Applying E.U. Law in ". The keynote speakers were Lord Slynn of Hedley, Mr. David Vaughan CBE,Q.C. and Mr. David Lloyd Jones Q.C. As Malta became a member of the European Union on May 1, 2004, the JSC is planning to organize a follow-up seminar on EU Law next October under the auspices of the Lord Slynn Foundation. CJEI is in frequent correspondence with the Malta Judicial Studies Committee and looks forward to their participation in CJEI. CJEI Report June 2004 Page 3

compatible and pave the ♦ Upon the secondment of Chief Justice way for electronic filing in Sir Dennis Byron to Arusha, the Honour- the future. able Justice (CJEI, Some of the new provisions specifi- 1998) became Acting Chief Justice for by Honourable Jus- cally aimed at improving access to justice OECS. tice Neil Buckley (CJEI, 1999), Fam- include:

ily Court of Austra- The Eastern Caribbean Supreme Court ♦ lia, 4th June 2004 ♦ Pre-action procedures (ECSC) has embarked upon a Criminal Di- (Rule 1.05 and Schedule 1) vision Pilot project in St. Lucia. The project is in response to a criminal justice system The pre-action procedures provide that that has been for many years beset with un- On March 29, 2004, the Family Court of before starting a case, parties are re- acceptable delays in the hearing of both introduced new Rules of Court quired to attempt to resolve their dispute. summary and indictable cases. The goals of which will significantly improve access to This is intended to discourage a combat- the project are to modernize trial court infra- justice in the family law jurisdiction in Aus- ive adversarial approach, which can and structure, improve access to justice, upgrade tralia. does increase costs. Parties are encour- aged to cooperate, make appropriate dis- the delivery of justice, and strengthen the Apart from obvious practical improve- closure, behave reasonably, and make an rule of law. The Criminal Division project is ments such as the use of easily under- early offer of settlement and negotiate being headed by retired Justice of Appeal stood words and the reduction in the sensibly to try to avoid litigation. Even if Honourable Albert Redhead. The pilot is number of chapters from 41 to 25 and litigation is subsequently necessary, par- scheduled to run for a period of two periods the number of forms from 84 to 25, the ties will benefit from following the pre- after which time it is the intention to repli- Family Law Rules 2004 set out all of the action procedures because it will have cate it in the other territories that comprise court’s existing practice, procedure and helped to clarify what is actually in dis- the ECSC. case management principles in a better way and introduce a number of innovative pute. provisions relating to areas such as ex- ♦ Expert evidence (Part 15.5) pert witnesses and disclosure. There is a significant change to the rules The Rules adopt a number of modern about expert witnesses aimed at control- drafting techniques such that ling unnecessary cost and delay and ♦ the audience is told the purpose of eliminating problems of a lack of objectiv- rules of court and is given an insight into ity of some experts. The provisions will why the court will manage a case in a cer- assist the court to ensure that the evi- tain way—for example the principle of pro- dence given is relevant to an issue in dis- portionality which requires that cases are pute, given by a person with expertise in CALL FOR PAPERS conducted in a manner, at a cost and the area and clear and useful to the trial within a time that is appropriate, taking judge in deciding the case. 2005 NACM Annual Conference theme: into account the issues involved and the ♦ Disclosure (Chapter 13) The Court Management Profession: Is- financial means of the parties. The provisions about disclosure are sues and Relationships ♦ parties are better informed of their obli- aimed at assisting in the control of costs gations to the court and of the conse- and delay by eliminating problems of over Papers will be considered for presenta- quences of non-compliance with orders discovery and ensuring that the disclo- tion and distribution at the 2005 Annual and rules. sure is relevant to an issue in dispute and and publication in the NACM Court Man- ♦ the chapters flow sensibly from the proportionate to the case. ager and Court Communiqué. The dead- start of the case to the end of a case. The Court believes that based on the line for papers in draft or final form and ♦ there is a focus on ensuring that a per- success of similar initiatives in the United workshop proposals is July 19, 2004. son using the Rules is fully informed for Kingdom the changes in these areas will Papers, workshop proposals and com- example there are notes, cross refer- be of significant benefit to all involved in ments can be sent to Geoff Gallas, ences, explanatory guide, rules setting out the family law jurisdiction. NACM Consultant, 444 Harvey St., Phila- factors which the court will consider on an delphia, PA 19144, or preferably by application, and rules setting out matters Should you wish to contact Justice email to [email protected] to be included in affidavits. Buckley for more information, his email address is For more information and a listing of possi- ♦ the forms are specifically designed hav- [email protected] ble topics, visit the National Association ing regard to research as to what people for Court Management find easier to understand and complete. Website: http://www.nacmnet.org ♦ the rules and forms are electronically CJEI Report June 2004 Page 4

I am delighted was attended by the judges who chair and to advise you the judges who are the executive directors that Dr. N.R. of the state and regional education bodies. Madhava The newly finished $10 million Judicial Menon, Director Academy in Bhopal is extremely impres- of the National sive, can accommodate 200 and resembles Judicial Acad- a large Taj Mahal. emy of India, has There are many state academies in joined our Advi- India. The Supreme Court of India ordered sory Board. As their establishment ten years ago, but with will be seen in the opening of the National Judicial Acad- his biography in emy of India in Bhopal, state academies are Sandra E. Oxner, O.C. our profile sec- no longer mandatory. I had the opportunity Chair of CJEI tion, Dr. Menon in Delhi of spending time with the Honour- brings out- able Justice Jain, Chair of the Delhi Judicial standing experience to the Advisory Board Academy, and Dr. Jain, the Executive Di- and we are honoured to have him with us. rector. We look forward to India assuming a lead- We are grateful to the Honourable Jus- ership position in Commonwealth judicial tice Madan B. Lokur, Judge of the High education. Court of Delhi, for allowing us to reprint This Report combines the first two his report in the December 2003 DJA Jour- issues of 2004 and includes a report of the nal. December 2003 Second Biennial Meeting In May I participated in a panel on of Commonwealth Judicial Educators held judicial ethics at the biennial conference of at the Sandals Grande Hotel, St. Lucia. I the International Association of Women wish to express our gratitude to the Hon- Judges (IAWJ) held in Entebbe, Kampala. ourable Chief Justice Sir Dennis Byron of Our patron, the Honourable Chief Justice of OECS, the Honourable Justice Adrian Uganda, Benjamin Odoki, hosted the meet- Saunders of the OECS Court of Appeal, the ing, made a keynote address and partici- Chair of both the OECS Judicial Education pated in the judicial ethics panel. Committee and the Biennial Meeting Pro- We had a CJEI Fellows reunion dinner gram Committee, the OECS judges and the following the conference with Ugandan court administrative staff for their warm Fellows, including the Honourable Justice hospitality and outstanding organization. John W.N. Tsekooko (CJEI, 1997), Hon- Special thanks to the dedicated Lilith Dal- ourable Justice Joseph Nyamihana Mulenga phinis, the adult educator at the OECS Judi- (CJEI, 2002), Honourable Lady Justice cial Education Institute and Alana Sim- Stella Arach Amoko (CJEI, 1999) and Mr. mons, the Executive Officer of the OECS Lawrence Gidudu (CJEI, 1996). We were Judicial Education Institute. delighted to have in our midst the Honour- I am most grateful to have had the op- able Justice Fred M.S. Egonda-Ntende portunity of visiting India this winter where (CJEI,1996), who chanced to be home on a I had the pleasure of meeting Dr. Menon, visit from his international judicial post. the new director of the Indian National Ju- Our Fellow and Director the Honourable dicial Academy. It was a great honour to be Justice Sophia Akuffo of the Supreme invited to visit the Judicial Academy com- Court of also joined us, accompa- plex in Bhopal and to attend the first-ever nied by her sister, who lives in Kampala. meeting of judicial educators. This meeting

TOP: On this famous wall the phrase “Constitutional Court” is written in the eleven official languages of South Africa. Each is in a different colour, to represent diversity. MIDDLE: Inside the Constitutional Court, where all twelve judges sit. BOTTOM: The Constitutional Court Building LEFT: The Bhopal National Judicial Academy residence. CJEI Report June 2004 Page 5

The conversation centered largely Justice Dixon Kwame Afreh (the compulsory retiring age for Superior on contemporary concerns relating to the Court Justices) in March 2003, he retired independence of the Ugandan judiciary. 1933 to 2004 from the Bench. However, because of his The Ugandan ombudsman had suggested CJEI Fellow 2003 vast experience as an educator, in Sep- at the IAWJ conference that the judicial tember 2003, he was appointed the Direc- term of office should be limited to ten tor of the Institute of Continuing Judicial years. As may be expected, this recom- Studies, Ghana. mendation was badly received by the He is survived by his wife Rosalind, judges, who perceived it as a threat to five children and numerous grandchildren. judicial independence. He will be much missed by his family, col- From Uganda I went to South Africa leagues and large circle of friends. to visit with retired Constitutional Court judge Johann Kriegler, head of the judi- cial education body recently established in South Africa. Judge Kriegler, in addi- William Matheson Lewis tion to bringing me up to date on judicial 1934 to 2003 education issues in South Africa, also CJEI Director took me on a never-to-be-forgotten tour of the new Constitutional Court prem- ises. I met with our regional Chief Mag- istrate Joe Raulinga, (CJEI, 1995) and Honourable Justice Afreh was born on 25th Chief Valerie Gqiba. All March 1933 in Kumasi, Ashanti Region, three have endorsed a CJEI pan- Ghana. Because his father was a royal Commonwealth program on “The Subor- courtier, his naming ceremony was person- dinate Court” to be held in South Africa th ally performed by the then King of Ashanti, as part of our 10 anniversary celebra- Nana Sir Osei Agyeman-Prempeh II. He tion. was brought up in the palace with the Before returning home I visited royal children of the King. to meet with Judge Chaudhry He graduated the University of Bir- William Matheson “Bill” Lewis passed Hasan Nawaz, Director General of the mingham, England with honours in 1958 away on December 6, 2003. He resided in Federal Judicial Academy, to discuss a with a Bachelor of Law (LL.B.) degree and Upper Canard, Kings County with his wife jointly organized CIDA-funded program received a Master of Laws (LL.M.) from the Susan. He is also survived by his sons on “roll out” judicial education program- University of in 1960. He was John, Stephen and Paul, his daughter ming. Our new patron, the new Chief called to the bar at Lincoln’s Inn, London, Megan, sister Mora Donald, and three Justice of Pakistan, Nazim Hussain Sid- in 1960. grandchildren. diqui, kindly received me and gave great In 1962, he was appointed a lecturer He was born in Louisbourg, Cape personal support not only to our joint at the then newly established Faculty of Breton and was the only son of the late project, but also to forthcoming regional Law, at the University of Ghana and rose William and Catherine Lewis. He received and international CJEI programming. to the rank of Senior Lecturer in 1978. He his Bachelor of Commerce, LL.B., and cer- I must close this note now as this also taught Press Law at the School of tification as a chartered accountant. After year’s participants in the Intensive Study Mass Communication at the University of graduating Dalhousie University he prac- Programme are arriving in Halifax and I Ghana. ticed as a , a chartered accountant must go to meet them. We are very From 1975 to 1978 he was, in addi- and judge in the Annapolis Valley before pleased this year to have participants tion to his academic functions, a Chief moving to Ottawa, where he was Assistant from Barbados, Lesotho, Nigeria, OECS, State Attorney at the Office of the Attorney Legal Counsel for the Export Development Philippines, , Trinidad General. From 1978 to 1980 he was the Corporation. and Vanuatu. I will give you a full report Director of Legal Education of the Ghana Mr. Lewis was a CJEI Director from the of this year’s Intensive Study Pro- School of Law, in addition to functioning time of its founding in 1994 until his pass- gramme in our next issue. Also in the as the Commissioner of Information be- ing. He acted as the CJEI lawyer until ill- next Report we will have special sec- tween 1978 and 1979. ness forced his retirement in 2003. All of tions on judicial education in India and In 1993, he was appointed the Dep- us at CJEI will miss his support, his innova- the planning and opening of the out- uty Commissioner for Administration and tive thinking and his determination for CJEI standing new South African Constitu- Finance at the Electoral Commission and to succeed at improving the administration tional Court building in Constitutional in 1994, he was elevated to the Bench as of justice throughout the Commonwealth. Square in Johannesburg. a Justice of the Court of Appeal. In 2002, —Halifax, June 22, 2004 he was appointed a Justice of the Su- preme Court of Ghana. Having turned 70 CJEI Report June 2004 Page 6

They came from all places. They came public often perceives judges as biased, The potential for education through with their own stories, languages and cul- condescending and aloof. The public sees cross-cultural sharing was also a common tural histories. At first glance it may have the judicial system as one that readily im- suggestion. Ms. Maria Dakolias, acting appeared that there was little that tied this prisons vulnerable offenders. It matters not Chief Counsel of the Legal and Judicial group together. Each came with concerns so much that this belief is true, but that it is Reform Practice Group of the World Bank, gathered from personal experience; each sincerely held by the majority of society. A suggested in her keynote address that one carried the hope that inspires reform. Yet challenge for judicial education and train- way to strengthen judicial efficiency is these individuals were unified in one vital ing, Honourable Justice Smellie argued, greater cooperation amongst judiciaries, respect: their commitment to judicial edu- must therefore be to dispel the criticism networking, sharing knowledge and know– cation. that the judicial system, as part of the social how and developing databases for judicial In early December 2003 judicial educa- statistics—some of the very tasks with tors from fourteen countries gathered in St. “…judicial education which CJEI is concerned. Similarly, Hon- Lucia to discuss the need for and appropri- ourable Justice Smellie stressed that judi- ate type of judicial education in a world [in South Africa]…can cial training must not be theoretical or where the demands placed on the judiciary and must bring to the classroom oriented, but that intra-regional is in flux. The theme “Training the Train- exchanges of judges afford practical obser- ers” provided a forum to explore both ef- older generation of vation of procedure. Intra-regional ex- fective pedagogy and the deeper issues white judicial officers a changes are also more cost-effective than facing the judiciary today. more expensive attachments to the UK and fresh perspective on Canada. Although the conference was structured so that voices from a variety of regions society and at the same The common concerns identified in the could be heard, it became clear over the time rapidly enhance four keynote addresses are vividly illus- course of the three-day conference that trated by the experience of the South Afri- many of the issues affecting these regions the legal knowledge…of can judiciary, as described in the Honour- were the same. Therefore speakers from a new generation…of able Judge Johann Kriegler’s keynote ad- regions as diverse as India, South Africa dress. South Africa is in a unique position and the Caribbean discussed both the uni- previously disadvan- in that its entire society has embarked on a versal themes that concern all judiciaries, taged practitioners”. process of reform and reorganization in the while specifically addressing the needs of post-apartheid era. Inevitably, the judiciary their given region. is in flux along with the society. This judi- -Honourable Judge Johann ciary needs not only to heal the scars of Identified in all three keynote addresses Kriegler disempowerment, racial, gender and mate- was the need amongst judicial officers to be rial inequality inherited from the former more open-minded regarding judicial edu- hierarchy, is bent on preserving the status undemocratic social and economic structure cation. The Honourable Mr. Justice K.G. quo. The conviction that an individual, re- of South African society under apartheid, Balakrishnan of the Supreme Court of India gardless of social status, has access to jus- but needs also to redeem itself from a past stated in his keynote address that most Su- tice must be firmly entrenched. During her of isolationism and positivism. perior Court judges in India have little or workshop presentation the Honourable no judicial training and are not receptive to The law in South Africa had fallen into Judge Nancy Flatters of Canada argued that disrepute, Honourable Justice Kriegler ar- the idea. Similarly, the Honourable Judge the courthouse should ideally be seen as a Johann Kriegler of the Constitutional Court gued, because it had previously been used place of community support and not as a as a ‘tool of oppression’. The judiciary of South Africa said in his keynote address place of last resort. that the majority of judicial officers resist must seek to restore and build public confi- change and regard the very notion of judi- Keynote speakers also spoke of the dence in the administration of justice in cial education as anathema. Many judicial need for judicial education to go beyond general, and in the judiciary in particular, officers regard this education the basics and tackle specialized topics. said Honourable Justice Kriegler. Honourable Mr. Justice Balakrishnan advo- However, the task becomes more diffi- as “camouflaged brainwashing, inter- cated judicial training in developing fields fer[ing] with judicial independence, and, cult because of the existing judiciary’s re- such as biodiversity, biotechnology, infor- sistance to education and the need to train circumvent[ing] the separation of pow- mation technology and environmental sci- previously disadvantaged legal practicion- ers.” Both speakers stressed that these atti- ence. Similarly, Chief Justice Smellie iden- ers for judicial roles. The irony is that in tudes must change before judicial education tified the need for Caribbean judges to order to make the transition to real democ- can create substantive improvement. move beyond a generalist’s knowledge and racy, judicial education—the very thing The image that society has of the judici- explore areas such as the law and practice that is resisted—is paramount. Therefore ary must also change. The Honourable of trusts, intellectual property, alternative the challenge is two-fold: to introduce re- Chief Justice Anthony Smellie from Cay- dispute resolution and anti-money launder- form to judicial officers steeped in the man asserted in his keynote address that the ing. mindset of South Africa’s conservative