Chief Justice Ivor Archie has defended the appointment of former Police Complaints Authority (PCA) director Gillian Lucky as a High Court judge. Archie broke his silence on the issue during his address at the opening of the 2014/2015 law term at the Hall of Justice yesterday which coincided with Lucky’s first official day of work since her appointment early this month.
As he sought to explain “misconceptions” about the process of appointing judicial officers, Archie, who is also the head of the Judicial and Legal Service Commission (JLSC), said the Law Association was consulted over possible objections to the appointment from its senior members. “I might add at this stage that in terms of the most recent appointment, there were none,” Archie said.
He also noted that candidates were put through a rigorous recruitment process, including psychometric testing and comprehensive security vetting, intended to uncover any “unsavoury or illegal activities,” before the JLSC made its decision.
Lucky’s appointment was controversial as several media reports claimed a member of the JLSC had raised concerns over her past political involvement (Lucky is a former UNC MP and COP member) and the strong views on topical issues she expressed in her newspaper column and television show. She is also a former State prosecutor. President Anthony Carmona is yet to announce her replacement at the PCA.
As Archie sought to dismiss the concerns yesterday he said politicians could be eligible for judicial posts once there was a sufficient “cooling-off” period between their political activity and eventual appointment. “Judges do not just drop from the sky with blank minds. Like any other citizens, they are entitled to vote and will no doubt have personal views on a variety of matters,” Archie said. But he pointed out that once they assumed office, some restrictions applied to judges.
“Of course, they are also expected, once in office, to refrain from commenting, otherwise than where it is necessary in their judgments, on matters of policy or political affairs so as to preserve public confidence in the independence and impartiality of the Judiciary,” Archie said. He also said owing to her prior experience in the post as a temporary judge, Lucky was capable of acting impartially during her tenure.
“She has had a very distinguished career at the bar and has already established the fact that she can be a very effective judge as well, so we are delighted to receive her into the fold once more,” Archie said.
