Opening of Grand Court of the Cayman Islands for 2006 Session
Speech by Honourable Samuel Bulgin, QC Attorney General
My Lord Chief Justice, Judges of the Grand Court, ……………………… distinguished guests, Colleagues at the Bar.
It is my pleasure to rise to move a motion for the opening of the Grand Court for the 2006 session. With your Lordship’s
leave I propose in doing so to make a few observations.
My Lord, the past year can be summed up in one expression – “challenging”. It was by all accounts a difficult year. After
the unfortunate events of 2004, we were all faced with the daunting task of rebuilding. The rebuilding of our social, economic
and other infrastructure and in some instances the review of our existing police capabilities and legal framework.
I am pleased to say that the Legal profession, as well as our Judicial and Legal systems, rose to the challenge and were
able to maintain the dignity, professionalism and high standards for which we are now world renowned.
Primary, amongst the many challenges faced in 2005, was the escalating wave of serious crime. In response, the Government
and the relevant supporting agencies were equal to the task at hand and formulated a multi-faceted approach.
One aspect of the approach led to the enactment by the Legislative branch, in conjunction with the Executive, of appropriate
crime fighting legislation.
My Lords, it is appropriate to recognize that understandably when these measures were put in place, there were reservations
in some quarters about the potential to erode certain civil liberties.
My Lords, in a democracy we always welcome such scrutiny and open discussion. I can say with confidence that although it
might not be obvious to many, that a lot of thought, indeed very serious and soul searching discussions took place at the
highest level, which culminated in the measures that were implemented.
It was recognized that a balancing exercise has to take place. The security of our country and people must be balanced against
the well documented and long recognized civil liberties of others.
Accordingly, the measures were implemented only after we were satisfied that they were reasonable and proportionate and that
adequate safeguards to ensure fairness to all were in place.
We were also confident that the Courts of these Islands which have and maintain independence from the Legislative and
Executive branches is always vigilant to ensure that there is no erosion of the civil liberties of our people and that the
rule of law is maintained.
I mentioned earlier my Lords that we are living in a democracy. This therefore carries with it recognition that it could
not be expected that the majority – all law abiding citizens, should be held as hostages inside our homes while a handful
of misguided individuals roam our streets and invade our privacy at will.
It is a notion that has no place in a civilized society. This observation quite logically leads me to publicly recognize
the efforts of Police Commissioner Kernohan and his officers who have been doing a commendable job in restoring some semblance
of tranquility and safety to these Islands.
I wish also to take this opportunity to welcome the new Commissioner and to confirm to him that whilst we have seen a significant
shift back to law and order as we once knew it; we also recognize that this is a work in progress and that therefore complacency
is not an option. Accordingly, as a society our resolve for 2006 must be to partner with the law enforcement agencies to
fight crime in all its manifestations.
My Lords, the Attorney General’s Chambers and indeed the Government in general pledges its unconditional support in terms
of resources in whatever form, not only to the Police, but also to the entire justice system of these islands.
My Lords, the new year will undoubtedly present it own set of challenges and opportunities. Challenges that we will have
to face. Opportunities that we will be expected to grasp. In this regard, permit me to also mention a few initiatives that
will come to fruition in 2006.
I take note that the long awaited Judicial/Legal website will be commissioned in a few months’ time; and we all look forward
to this revolutionary initiative.
Similarly, the much anticipated DNA Testing facilities will be in operation by March of 2006. This facility is part of a
larger initiative being pursued by Government to provide forensic capabilities to our law enforcement agencies.
My Lords, I’m also happy to announce that the RCIP now has in place two recently recruited experts in asset forfeiture.
This initiative is in keeping with the Government’s commitment to intensify the war on drug trafficking and supplying and
also fraud. The ill-gotten gains of persons convicted of these offences will be targeted for confiscation once it is established
that they are proceeds of crime.
My Lords while I am on the issue of drugs, I am happy to announce that the Bill to enact a law to establish a Drug Court
will be going to Cabinet in a few weeks’ time. It is my hope to take this Bill at the same time as the companion Bill dealing
with alternative sentencing options.
With these two pieces of legislation, the Courts will be given wider sentencing options, thus resulting in some persons who
are generally given custodial sentences now having the option of receiving non-custodial sentencing, thereby creating much
needed space in the penal institutions for the more serious offenders and for whom custodial sentences are more appropriate.
On the issue of Legislation, and wider consultation my Lords, the recently established Law Reform Commission, under the chairmanship
of Nigel Clifford, QC is off to a good start. The Commission is currently focusing on a range of issues, including the Legal
Practitioners Amendment Bill, as well as a modernized Landlord and Tenants Law.
All indications suggest that 2006 will be an extremely busy year in terms of legislation. Indeed, one area that we will be
focusing on is the Police Law.
A working group comprised of members of the Attorney General’s Chambers and the RCIP has recently completed a review of the
Law.
My Lord, I am not at liberty to say much at this stage about the review until it is approved by Cabinet. Additionally, to
complement this exercise, one of the recommendations that I will be making to my Cabinet colleagues is that of establishing
an independent civilian body to deal with complaints against the police. This will serve to exonerate/absolve the police
from unnecessary criticisms whenever they investigate one of their members, thus ensuring greater transparency and confidence
in the process.
My Lords, the Portfolio of Legal Affairs has experienced some personnel changes during the course of last year. We welcome
Trevor Ward, who joined us from the DPP’s office in Trinidad, Ms. Reshma Sharma from the AG’s office in Trinidad, Ms. Tanya
Lobban who joined us from the DPP’s office in Jamaica, Mr. Wayde Bardswell who came to us from Guyana, via the AG’s office
in St. Kitts and finally, on a short term basis, Ms. Lesley Bates from the United Kingdom.
These Counsel have joined a strong team of professionals under the able leadership of the Solicitor General – Ms. Cheryll
Richards. I should also mention that the Chambers, over the last eighteen months, has a total of five articled clerks on
our training programme. Together we are committed to providing quality legal services to the Government and people of this
country
It is our hope going forwards in 2006 that we will see more members of the Private Bar willing to assist with Legal Aid matters,
instead of the handful who currently do so. This will assist the administration of justice by us being able to schedule
double Grand Court trials and ensure the timely disposition of outstanding cases.
My Lords, we have all grown accustomed, in these Islands to a relative state of safety and tranquility – and despite the
efforts of a few persons amongst us and their sympathizers, we are committed to ensuring its continuity. The rule of law
is a necessary pillar in the support of a democratic and stable country. The Government’s obligation to ensure respect for,
and preservation of the rule of law, is without question.
Our commitment in doing so is unequivocal. Indeed, our resolve in this endeavour is uncompromising.
With these observations it is my pleasure, with your Lordship’s leave, to move the motion for the opening of the Grand Court
for the year 2006; and to wish for all of us a wonderful, productive and above all safe 2006.
Samuel Bulgin, JP, QC
Attorney General
January 4, 2006