Legal community bids farewell to retiring Justices
Court of Appeal President Sir James Astwood wanted nothing more than for lawyers to ?keep it short? in court on Friday.
However, the legacy Sir James leaves behind him will be anything but that.
Lawyers ? both criminal and civil ? crowded Supreme Court Two on Friday morning to pay tribute to Sir James and fellow Court of Appeals judge Philip Clough as they presided over the court for the last time.
Even Mr. Justice Clough said his real purpose in speaking was to pay tribute to Bermuda?s first black Chief Justice. ?This is his day,? he said. ?I would like to join with you in expressing Bermuda?s great gratitude to him today.?
Sir James, who is Bermudian, and his wife, Lady Gloria Astwood, came to Bermuda from Lady Astwood?s home of Jamaica in 1974. The couple, who met at the University of Toronto, Canada, as undergraduates, had moved there after their marriage in 1952.
Sir James became Senior Magistrate on his return to Bermuda in 1974. Two years later he was made Solicitor General, and in 1977 he became Bermuda?s first black Chief Justice. He is also the longest-serving Chief Justice of Bermuda in the 20th century. He was knighted in 1982.
On his 70th birthday in 1993, according to tradition, he retired from the office of Chief Justice. However he was then appointed to the Court of Appeals and went on to become President there, serving for ten years.
Mr. Justice Clough has served in Bermuda?s Court of Appeals for six years, having served in the East and Hong Kong before that. In Hong Kong he also served with Bermuda?s third Court of Appeals judge, Gerald Nazareth.
David Kessaram, president of the Bermuda Bar Association, spoke first at the tribute ? but not before Sir James asked him, laughing, if he had an application ?to dismiss this bench?.
?Without judges of such distinction as yourselves to whom we could turn when we felt things in the Supreme Court had gone wrong, Bermuda could not have developed as it has,? Mr. Kessaram said.
Solicitor General Wilhelm Bourne, who worked as a court clerk for Sir James in 1986, wanted to congratulate the pair on carrying out their complex job ?in a very exemplary fashion.
?You?ve helped me a great deal with my legal career, and I would like to personally thank you,? he said to Sir James. ?On behalf of the entire Attorney General?s Chambers we congratulate you both on your achievements and wish you well.?
Director of Public Prosecutions Kulandra Ratneser, though he had never appeared before either judge, said those in his office appreciated the judges? willingness to bend the rules and judge on merit. ?We wish you happy days, and most importantly good health,? he said.
Lawyer Alan Dunch also spoke at the tribute, despite the judges having ?heard me a lot this week? in the BIU/BAS-Serco dispute. He promised to keep it short, adding: ?I haven?t got my judgement yet.?
Speaking first to Mr. Justice Clough, he said he had enjoyed ?the give and take? of appearing before him. ?I hope I didn?t talk too much,? said Mr. Justice Clough.
To Sir James, Mr. Dunch recalled the many cases they have participated in together since Sir James called him to the Bar 24 years ago.
Those included the first time Sir James allowed fingerprint evidence to be used in a trial, a murder trial which became the longest running criminal case in Bermuda?s history, and the largest insurance liquidation the world had seen at the time.
?I have always found you a kind and gentle man, albeit firm,? he said. Sir James was ?pragmatic? and an ?instinctive decision-maker?, he said. ?We always knew where we stood with you.?
Mr. Justice Nazareth said it had always been a pleasure to serve with both. ?Sir James always knows his mind, he has a keen sense of fairness,? he said. ?Some of us sometimes get carried away with the letter of the law. He has always had his feet on the ground.?
He mentioned he and Mr. Clough?s old friendship in Hong Kong. ?It was an added pleasure to meet him again here in Bermuda. I have learned a lot from him.
?I am sure I will miss them both if I am re-appointed.?
?Sometimes I think when a judge retires and kind things are said, it?s difficult to decide whether lawyers are saying ?Well done? or ?All is forgiven?,? joked Mr. Justice Clough.
?My real purpose in speaking is to pay my own tribute to Sir James,? he said. ?I?ve only been here for six years but I grew at an early stage to respect him.?
?Mr. Justice Clough does give members of the Bar a hard time,? said Sir James. ?He saves me a lot of work. He says things I want to ask. And Mr. Nazareth is quiet, but you?ve got to watch him like a needle.?
Sir James said the year had been a painful one. Lady Astwood passed away earlier this year, and he said he had lost his greatest supporter. They had been married for 51 years.
To the crowded courtroom he said: ?For myself ? I will miss you.?
