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The Gavel, Volume 11, Issue 2

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The Gavel, Volume 11, Issue 2 V o l u m e 1 1 - I s s u e N o 2 J a n u a r y 2 0 1 9 MAKING WAVES ACROSS THE REGION RECENT GRADUATES MAKING WAVES... IN THIS ISSUE Rally Round The CCJ...Pg 3 Have We Been Saved...Pg 4 The Children's Authority of Attorney-at-law, Cara Shillingford (to the right) talking to reporters Trinidad and BY CHRISTINE ST. MARIE Tobago...Pg 5 It is one thing to graduate from a reputable law There was nothing on record indicating that Mr school but it is another when you can actually Gibson was ever psychologically evaluated, or that he “make good” of the Legal Education Certificate was offered any help. It was clear that he wasn't (LEC) and make a name for yourself in the legal understanding the proceedings, so I got up to assist CLE not in Breach arena. And so, this is exactly whatT sRomTe Rof RtheE ChiEm.N I wTou lGd hRelpA hiDm aUgaAin Tif EI wSer e to see him in recent graduates of the Hugh WoModiAng KLawIN Gc oWurt bAut VI dEidnS't taIkNe n oLteA of Wthe adjournment date.” of Community School (HWLS) are doing! Mr. Bourne also opined, “My personal feeling is that Nationals’ Rights It was not too long after graduation that news drug addicts need different types of help as I believe of the good work of our fellow colleagues that prison isn't offering the type of rehabilitation that started surfacing in the newspapers and on is effective for addicts. Of course it is very important under RTC...Pg 6 social media. Some clearly understand the that the addicts themselves are willing to accept the importance of pro bono work and have opted help.” Concur! to do just that, while also taking on matters Development that “pay the bills”. Case in point is the recently Recent graduate Khadisha Wickham was also able to reported case of Jamar Bourne, who received convince the court to grant leniency when she put versus the Israel Khan S.C. prize for Outstanding her Trial Advocacy skills into practice during her plea Performance in Criminal Practice and in mitigation on behalf of her client, Rodney David Procedure. He entered an appearance for Anthony, who was charged for assaulting a security Environmental Stefan Rashad Gibson, amicus curiae (friend of guard. the court). Gibson pleaded guilty to being in Protection...Pg 7 possession of an apparatus for the misuse of Similarly, Attorney-at-law, Kemar Roberts, was also cocaine. able to successfully plead on behalf of his client, Steven Mc Donald Newton, as was reported in Bourne who spoke briefly to the Gavel on the Barbados Today. According to the report, Newton’s matter explained, “The magistrate looked at his cannabis usage was so regular Magistrate Kristie conviction card and it was clear that there Cuffy-Sargeant compared it to that of “being three was a perpetual cycle where the Mr. Gibson was meals a day”. Roberts submitted that his client was charged, convicted and sentenced. After his remorseful and had shown that, by being release, he resorted to the same behaviour. cooperative.... (Continued on Page 2) P A G E 2 V o l u m e 1 1 - I s s u e N o 2 T h e G A V E L Editorial Committee Corner Credits THE GAVEL is the official newsletter of the Hugh Wooding Law School situated at Gordon Street, St. Augustine, Trinidad and Tobago. It is published three times a year by a joint committee of staff and students. Send all e-mails to: [email protected] Editorial Committee Staff Nisha Math ura-Allahar Jason Nathu Rudranath Maharaj BACK (L-R): Mr Chevy Devonish; Ms Nisha Mathura-Allahar; Mr Jason Nathu; Roger Ramgoolam Mr Rico Yearwood. | FRONT (L-R) : Ms Christine St. Marie; Mr Deshon Editor at Large Griffith; Ms Jubilanté Cutting; Mr Kalesh Loakman; Mr Michael Munroe. ABSENT: Ms Francisca Campbell; Mr Timothy J.R. Singh; Ms Renee Atwell Imran Khan RECENT GRADUATES MAKING WAVES... Editors Christine St . Marie Continued from front page Chevy Devonish with police and entering a guilty plea. He said the High Court in Dominica and the Eastern Newton had nine children and was the sole Caribbean Supreme Court in which they Rico Yearwood breadwinner. Roberts also argued that while his rejected her claim that the DBC had breached Timothy J.R. Singh client had previous convictions, the last had her contract and had unlawfully dismissed her occurred back in 2002 and petitioned the court as general manager of the state-owned radio to show leniency. station. Design, Layout and At the end of the case, the magistrate The CCJ however decided that Ms. Warrington Photography reprimanded Newton before discharging him. is to be paid the equivalent of six months’ “I’m going to give you credit for speaking the salary, gratuity and holiday pay totalling Kalesh Loa kman truth to the court and I will show you leniency EC$52,300 as damages. Jubilanté Cutting because your last offence was over 16 years ago but don’t come back in here, because it’s not This was the first case from Dominica to be Renee Atwell going to be like this if you do.” Newton left the brought to the appellate jurisdiction of Deshon J. Griffith court, relieved. Caribbean Court of Justice (CCJ). The full details of the case can be found on On top of all this, just last week Friday dominicanewsonline.com: Disclaimer (November 30, 2018), it was a case of “David http://dominicanewsonline.com/news/hom Please be advised that the against Goliath” when recent graduate Cara epage/news/breaking-news-ccj-rules-in- Shillingford, being up against Senior Counsel, favour-of-mariette-warrington-against-dbs- views expressed in the Anthony Astaphan and Alick Lawrence of radio/ The full judgment of the Court, and a articles contained herein are Dominica and Queen’s Counsel, Sir Henry judgment summary, is available at www.ccj.org. Forde of Barbados, won her case at the There are also the unreported news of those of the individual Caribbean Court of Justice (CCJ), in its appellate colleagues being able to secure positions at authors and not of the jurisdiction. Ms. Shillingford represented reputable law firms, the office of the Director former general manager of the state-owned of Public Prosecution, the office of the Editorial Committee/Hugh Dominica Broadcasting Corporation (DBC), Attorney General as well as many other legal Wooding Law School and/or Mariette Warrington, against the media entity. entities across the region and beyond. the Council of Legal Warrington had appealed earlier decisions by Kudos graduates….keep it going! Education T h e G A V E L V o l u m e 1 1 - I s s u e N o 2 P A G E 3 Rally Round The CCJ? BY RICO YEARWOOD & SHERIECE NOEL As devout regionalists, the recent results of the referenda regarding the CCJ in Antigua & Barbuda and Grenada, have left us distraught, but not remotely flabbergasted. Detractors continue to proffer unconvincing rationales as to why their country should not accede to the CCJ’s appellate jurisdiction. Two trite rationales are the CCJ’s susceptibility to political influence and the distrust in our Caribbean judges to deliver high calibre judgments. First, lest we forget, the possibility of any judicial officer or court being politically influenced does exists, whether it be a local judge or court or the CCJ and its judges. Undoubtedly, we should not turn a Nelson’s decisions. In any event, if we don’t change, we don’t grow. If we grow eye to this possibility. However, whether a together, we thrive together. particular judge will succumb to any political pressure hinges on their professional/ The failed referenda experienced throughout the region concretises judicial integrity. W hen speaking about the the need to challenge and reform the modus operandi of the region’s CCJ, the existence of such susceptibility to politicians, for they fail to grasp the trueextent of the damage their political influence is but a mere fanciful political immaturity has on matters of national and regional possibility. Reason being, the CCJ can stand development. The need for reform has always been guided by the amongst the most insulated courts in the conduct of politicians within parliament; but should a wider view of world on account of how its judges are its implications be taken? It most definitely should! elected. Anyone who is au fait with the CCJ’s appellate and original jurisdiction judgments In addition to the Privy Council, we also retained England’s would detect the magnitude of this parliamentary structure; the Westminster model. The adversarial insulation. nature of this parliamentary style poses a problem as it discourages participation across the floor; that is, the Government must propose, Second, distrust in our own continues to and the Opposition must oppose. This practice discourages support plague Caribbean societies. This distrust for decisions on their merits. Referenda require a two-thirds majority was not a recent revelation. This was best to be passed. Naturally, therefore, there must be cooperation by all exemplified by the collapse of the West political factions in order to succeed. This is extremely hard to Indian Federation. We must dismiss the reconcile in our region, owing to our blind and unwavering political notion that any judgment emanating from loyalty. Just as government members must propose and opposition the CCJ cannot be of the same quality as members must oppose; so too do government supporters propose, those emanating from the Judicial and opposition supporters oppose.
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