UBP?s Moniz takes aim at new judge Kawaley
Shadow Attorney General Trevor Moniz has questioned the impartiality of Supreme Court Justice Ian Kawaley, who he says has strong PLP ties.
He spoke after the Justice System Review called for permanent appointees to the Supreme Court Bench be Bermudians or spouses of Bermudians. Mr. Moniz said this wouldn?t necessarily help impartiality.
He said: ?For example Ian Kawaley is a committed PLP supporter. It?s very difficult for him to maintain objectivity when certain things are raised.?
He said Mr. Justice Kawaley was a strong supporter of Independence.
?I am not criticising him,? added Mr. Moniz. ?He has great ability.?
Mr. Kawaley has declined to comment, saying it was inappropriate.
Mr. Moniz said he was against making Bermudian status the deciding factor in appointments.
The issue follows a public row earlier this year between Premier Alex Scott ? who favoured Bermudian Norma Wade-Miller to be appointed Chief Justice ? and Governor Sir John Vereker who appointed Englishman Richard Ground.
Mr. Moniz said of Mr. Justice Ground: ?He has lived here before, he?s very familiar with Bermuda. It?s not like someone parachuted in from Mars. He?s very highly regarded in the local community.
?Most of the Bar are very glad he?s back. The suggestion he could not do the job properly because he?s not Bermudian is without foundation. He knows the community and is objective and fair.
?I would like to see a Bermudian Chief Justice as well but there are concerns when you get local people ? they are very committed politically one way or another.?
The review called for permanent judges to be Bermudian or spouses of Bermudians appointed on an unlimited basis while other judicial appointments should be on a fixed-term six-year non-renewable contract ?to ensure their judicial independence?.
Deputy Governor Nick Carter said such a change would affect the powers of the Governor and require a change in the Constitution.
Asked if he was concerned he said: ?We will wait and see how these recommendations are formed. We have known what was in the review for some time. This review doesn?t have any formal status until bits of it are picked up by Government.?
Mr. Moniz said he had not read the report but he said the rest of the recommendations outlined by Telecommunications Minister Michael Scott on behalf of Attorney General Senator Larry Mussenden where ?largely mom and apple pie stuff which the general public wholeheartedly endorse?.
He added: ?They are very straightforward matters which make a lot of sense.?
He said Chief Justice Ground had already made a start by insisting judgments were delivered in a more timely manner.
He welcomed plans to open Magistrates? Court longer for people to pay fines. ?Everything now relies on political will.?
But Mr. Moniz said increased powers of the courts promised by Government would not help if jurors failed to do their civic duty and convict criminals.
?People don?t want to give evidence or participate. That?s got to be tackled by Government,? he added.