Fri | Jul 3, 2020

My vindication was unanimous

Published:Friday | August 17, 2018 | 12:00 AM


I was grateful to see that on Wednesday, August 15, 2018, your paper found space to report on the recent Court of Appeal decision in my favour and against the GLC in the case: [2018] JMCA Civ 22 Anderson (Jennes) v Boxill (Eileen) (a member of the General Legal Council).

As your report intimated, this case was an important beyond my personal circumstances as the Court ruled that the GLC, through its Disciplinary Committee, "had no jurisdiction over ... a judicial officer". This is the first time that our legal system has had to decide whether the GLC's authority extends to someone who has become a judge, regarding actions taken prior to the judicial appointment, and hence the court described the issues before it as a "novel".

In a short report, it was not possible to cover many of the issues that the public can explore by reading the judgment on the court's website.

I would, however, note that the decision was unanimous and that the court also ruled that "the [Disciplinary] Committee wrongly exercised its discretion not to allow the complaint to be withdrawn"; "the order for costs made [by the disciplinary committee] was not reasonable"; "the delay ... from the filing ... in 2006, ... and ... determining the matter in 2014, was prejudicial" against me and "costs of both appeals and ... of the proceedings before the Disciplinary Committee" be awarded to me.

In closing, it is somewhat embarrassing to draw your attention to an error in your report. It stated that when the case started, I was "an attorney employed to a law firm". In fact, at that time, I was employed to none other than The Gleaner Company Ltd as a legal adviser with an office in the Editorial Department and responsibilities (among other things) for letters to the editor.


Retired Parish Judge