THE EDITOR, Madam:
ON THE question of the death penalty, the Leader of the Opposition and the Prime Minister have been obviously correctly advised legally that under Section 17(2) of the Constitution the death penalty is preserved as not being inconsistent with the Constitution. However, I am moved to write this note because I am a member of the Legal Profession (Attorneys-at-law and Judges) because the Leader of the Opposition has suggested that members of my profession may be manipulated by the Prime Minister to violate fundamental human rights.
The members of my profession are principally bound to uphold the law and attorneys-at-law are enjoined by their ethics to assist the judges in the due administration of the law. Let me quote from the decision of the Court of Appeal in the United Kingdom this year (Locabail (U.K.) Ltd. v. Bayfield Properties Ltd. (2000) 2 W.L.R. 870) adopting a decision of the Court of Appeal of South Africa last year (President of the Republic of South Africa v. South African Rugby Football Union, 1999 (4) S.A. 147 at 177) in which the following was said:-
"The question is whether a reasonable, objective and informed person would on the correct facts reasonably apprehend that the judge has not or will not bring an impartial mind to bear on the adjudication of the case, that is a mind open to persuasion by the evidence and the submissions of counsel. The reasonableness of the apprehension must be assessed in the light of the oath of office taken by the judges to administer justice without fear or favour; and their ability to carry out that oath by reason of their training and experience. It must be assumed that they can disabuse their minds of any irrelevant personal beliefs or predispositions".
For the Leader of the Opposition to suggest that members of the Legal Profession even before appointed or when appointed, to the proposed Caribbean Court of Justice, may not be true to the oaths of their office, because they would be manipulated by the Prime Minister, is a very serious attack on my profession and I trust that his legal advisers will confirm this to him.
I am, etc.,
BERTHAN MACAULAY,
Q.C., M.A. LLB
Barrister & Attorney-at-Law,
Legal Consultant,
28 Duke Street, P.O. Box 576,
Kingston.
