July 28, 2004

Dear Sir,

I write to you following our telephone conversation to you of this morning in which I took objection to the headline of the story published in your paper on Tuesday, July 27, 2004 entitled ?UBP?s Moniz takes aim at new judge Kawaley?.

In that conversation I pointed out to yourself that the headline was entirely unfair and completely out of context. I recounted to you how I had received a telephone call on Sunday from your reporter Matthew Taylor who had asked me for my opinion on various aspects of the Justice System Review report. I informed him that I had not yet had the opportunity to study the report.

We had a long discussion, in the midst of that discussion your reporter asked what I thought of the recommendation that the Chief Justice should be a Bermudian. It was within that context that I attempted to explain why, in some cases, it would not be detrimental to have someone who was non-Bermudian as Chief Justice. This of course with the background that the present Government has employed many non-Bermudians in top offices. I could give a list but it would be too long for the space available to me here. In any case, I was not taking aim at Mr. Justice Kawaley, in fact, I took great pains to indicate that I was not criticising him in any way whatsoever and had great respect for his ability.

However, it is a fact that when he was interviewed by the recommending committee (of which I was a part as the then-President of the Bar), Mr. Kawaley admitted to a long-term support of the Progressive Labour Party and stated if any case were to arise where there might be a perception of bias as a result of that political commitment that he would remove himself. I was not, therefore, accusing him of lacking impartiality or anything of the sort. In fact, I have great respect for his high principles in making this political affiliation clear from the very beginning and I was sufficiently impressed by his statement that I recommended him for the post which he now holds.

This is an example where, although the words contained in the article are true, the headline is entirely misleading and the article is taken out of context in that it was in the middle of a discussion of the Justice System Review report. Your reporter incorrectly makes it appear that Mr. Justice Kawaley was the main subject of our conversation rather that the Justice System Review. I hope that in the future your reports will more fair and in context.