Log In

Reset Password
BERMUDA | RSS PODCAST

Judge recused from divorce case

Puisne Judge Nicole Stoneham (File photograph)

A divorce case in which the presiding judge was criticised by the Court of Appeal has been reassigned to another judge, a source close to the matter has confirmed.

The courts reassigned the case from Puisne Judge Nicole Stoneham, who handles divorce matters in the Civil Court, directly after the appeal ruling on the case, involving an unnamed couple in dispute about schooling arrangements for their teenage son.

Ms Stoneham’s handling of the matter was criticised by the mother, who pointed out that her former husband's father was a close friend of Mrs Justice Stoneham's brother.

The woman also highlighted that the judge, in 2018, had released her former partner on bail to attend plea court after he breached the terms of a domestic violence protection order and was held by police.

Mrs Justice Stoneham rejected the request that she stand down from the case.

However, the Court of Appeal agreed with the complaint, when an affidavit was filed, saying the handling of the matter had been “unsatisfactory”.

The ruling found that a puisne judge’s intervention to obtain the release of a person arrested “would appear to be irregular at best and unlawful at worst”.

Justice of Appeal Dame Elizabeth Glocester added: “Because we have not had any submissions on the issue to the contrary, whether from the father or from the judge, I refrain from reaching any conclusion on that matter.”

The Court of Appeal concluded that Mrs Justice Stoneham “should stand recused from this case and that another judge should be assigned to the case urgently”.

The Judicial Department declined to comment on the case, as a matter of policy, when asked by The Royal Gazette.

Narinder Hargun, the Chief Justice, said: “I do not believe it would be appropriate for the Chief Justice to depart from this policy in this case other than to say that the Supreme Court will always follow and implement orders of the Court of Appeal in an individual case.”

The source familiar with the case confirmed that the order for recusal had taken immediate effect, with the Court Registrar assigning the matter to another judge.