Wednesday, November 25, 2009

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List of proposed QCs revealed By CANDIA DAMES ~ Guardian News Editor ~ candia@nasguard.com Two members of Parliament and two senior lawyers in the Office of the Attorney General were on the AG's list of proposed Queens Counsel in August, The Nassau Guardian can exclusively reveal. The Guardian has confirmed that on August 10, then Attorney General Michael Barnett had on his list of recommendations attorneys Philip "Brave" Davis (Cat Island, Rum Cay and San Salvador MP); T. Desmond Bannister (Carmichael MP and Minister of Youth, Sports and Culture); Director of Legal Affairs Deborah Fraser and then Director of Public Prosecutions Bernard Turner. The others on his list at that point were Collin Callender, Philip Dunkley, Sean McWeeney, Frederick Smith, Brian Moree and Brian Simms. In October, those six were all appointed Queens Counsel (or silks) along with Emerick Knowles and John Delaney, who were not on the list of recommendations when the attorney general was consulting Bar Association President Ruth Bowe Darville in August. In addition to being a new QC, Delaney is the country's new Attorney General and Minister of Legal Affairs. Darville concurred with the Attorney General's list as recommended on August 10 and added several names to the list: Jethro Miller (a Freeport lawyer and now acting judge); Charles Mackay, Elliott Lockhart (a former acting judge) and Cedric Parker. Many of these attorneys — those appointed this year and the others recommended this year but not appointed — have been on lists of recommendations for years. For example, in January 2002, the Bar Council made a long list of recommended QCs as submitted by its president at the time, Peter Maynard. Those on the list were Jeanne Thompson (now a retired judge), Reginald Lobosky (now deceased), Michael Scott, Emerick Knowles, Dennis Gomez, Cedric Parker, Peter Maynard, Maurice Glinton, Bernard Turner (set to become a judge next month), Rhonda Bain (now a judge), Elliot Lockhart (now a former acting judge), Lester Mortimer, Jethro Miller and Charles Mackay. In a 2002 letter to then Attorney General Carl Bethel, Maynard wrote that the Bar Council recommended those lawyers (himself included) "having regard to their sound intellectual ability and thorough knowledge of the law, outstanding ability as advocates, their total professional integrity, the highest professional standing with the Bench and Bar, maturity of judgment and balance, a high quality of practice based on demanding cases, and their ability to maintain appropriate relationships with lay and professional clients." The appointment of an attorney as one of Her Majesty's Counsel is prescribed under Section 15 of the Legal Profession Act. The right to recommend such an appointment is that of the attorney general who, after consultation with the chief justice, the president of the Bar Association and such other persons as the attorney general sees fit, recommends the appointment of the individual applicant to the prime minister. The prime minister upon receipt of such recommendation from the attorney general then advises the governor general to make the appointment. In 2002, the Bar Council was of the view that about 15 percent of the legal profession should be Queens Counsel and that proportion should have been reached by 2005. It would have meant at least 75 silks. But today, the number of Queens Counsel is nowhere near what the Bar Council envisioned back in 2002. Some of the attorneys appointed Queen's Counsel this year were also on a 2001 list of recommendations proposed by Carl Bethel, then attorney general. The 2001 list included: Paul L. Adderley, Sean McWeeney, Claire Hepburn, Brian Moree, Michael Barnett (now chief justice), Colin Callender, Frederick Smith, Philip Dunkley and Philip "Brave" Davis. In 2002, Attorney General Bethel expressed the view that the adoption of a quota of QCs was not helpful. In 2005, Wayne Munroe, who at the time was president of the Bar Association, wrote to then Attorney General Alfred Sears stating that it was the view of the Bar Council that the system of appointment of Queens Counsel had not been properly utilized for more than 30 years. "It is further our view that the failure to properly operate the system is adversely impacting the profession structurally and financially," Munroe wrote at the time. "It must be recognized that counsel and attorney in The Bahamas successfully practice in the most sophisticated legal jurisdiction in the region. The system of Queen's Counsel is intended to designate counsel who have displayed exemplary ability in the course of their practice before the court." Munroe said the failure to properly operate the system in this jurisdiction has resulted in the anomalous situation that counsel in other jurisdiction receive the designation and are perceived to be of superior ability to counsel in this jurisdiction. "It is our humble view that the anomaly hereinbefore set out must be corrected as a matter of urgency," the president wrote to the attorney general. The Bar Council's 2005 list in the order of seniority included: Collin Callender; Philip Dunkley; Charles Mackay; Philip "Brave" Davis; Michael Scott; Frederick Smith; Dennis Gomez; Sean McWeeney; Anthony McKinney; Michael Barnett; Elliott Lockhart; Lester Mortimer; Brian Moree; Maurice Glinton; Allyson Maynard-Gibson; Cedric Parker; Claire Hepburn; Bernard Turner; Cheryl Bethell; Brian Simms and Alfred Sears. Munroe said that all of these attorneys would have already been appointed Queens Counsel had they practiced in any other Commonwealth jurisdiction. But under the Christie administration, no silks were appointed. Two of the Bar Council's recommended silks were sitting members of the Cabinet. The Nassau Guardian reported last week that Maurice Glinton, an attorney for nearly 30 years, has filed legal action against the state, claiming that he was discriminated against in the recent appointments of silks. Glinton contends that he is "justly aggrieved" by a decision taken by Prime Minister Hubert Ingraham or the Bar Council president to revoke the attorney general's recommendation to Ingraham that he be one of the attorneys appointed QC. While Glinton was not on the August 10 list obtained by The Nassau Guardian, it is understood that this was not the attorney general's final list of recommendations. Glinton states in filed court documents that he was invited by Barnett on August 19 to indicate to him in writing his consent to being recommended as one of Her Majesty's Counsel. The attorney states that he accepted the invitation and consented in writing to his name being included on the list. He contends that under the Act, the prime minister has no veto power. Last Friday, Glinton got leave from Senior Justice Jon Isaacs to commence judicial review of the appointments. On December 3, a date for the judicial review is expected to be set. Wednesday, November 25, 2009