Appointment of former CoP as senior magistrate to be probed

The appointment of a former commissioner of the police as Senior Magistrate in St Vincent and the Grenadines has not gone down well with the local Bar Association, which has outlined its concerns in a November 30, 2023 letter to the Judicial and Legal Service Commission (JLSC).

The St Vincent and the Grenadines Bar Association in a November 30 letter to the JLSC said the then-impending appointment of Colin John was of “deep and urgent concern” to the Bar.

John 55, who went on early retirement in August, was appointed Senior Magistrate effective December 1, 2023.

One day before he was sworn in, President of the Bar Association Shirlan M Barnwell wrote to the St Lucia-based JLSC outlining her organization’s concerns regarding John’s appointment.

Among the concerns raised were “Mr John is the immediate past Commissioner of Police (CoP) up to August 31, 2023. He held that post for almost four years (31 December 2018 – 31 August 31, 2023).

“We estimate that over 95 per cent of criminal matters brought in the Magistrate’s court involve the Commissioner of Police as complainant. Given the delays in the system, most of the matters brought over the last four years will still be pending.

“In that capacity, he will likely be presiding over criminal matters filed in his name over the last four years and hearing evidence from his colleagues and subordinates, which can lead to criminal convictions.”

Barnwell pointed out that “As you may be aware, St Vincent and the Grenadines is currently experiencing an unprecedented surge in crime. Currently there are 50 recorded homicides and the public perception of police and policing is at an all-time low. The add-on effect of this impending appointment is the lack of diversity in a 21st-century judicial system. The magistracy is heavily male-dominated and now police-dominated.”

She added that the public, like many members of the Bar, carries the perception that the magistrate’s court is a police court, and “This impending appointment will further cement that perception,” clarifying that two out of the four sitting magistrates are former senior police officers, both of whom are male.

“Mr John’s impending appointment means that three out of the four sitting magistrates will be male, and former senior police officers” and that magistrate Bertie Pompey is a retired deputy commissioner of police, and John Ballah, who was appointed to the magistracy in June 2023, is a former assistant superintendent of police.

Barnwell stressed that a “new and deeply concerning precedent was being set in that the holder of the office of commissioner of police can seamlessly move from active duty as police chief to a judicial officer.”

“Dame Janice, we take very seriously our duty to protect, preserve and promote the legitimacy and credibility of our justice system. We strongly believe that the impending appointment flies in the face of the well-entrenched dictum that ‘justice must not only be done but must also be seen to be done,’” the letter signed by Barnwell said.

She added that the St Vincent and the Grenadines Bar Association believed that the appointment of Colin John as a senior magistrate would “further erode the public trust and confidence in the judiciary, and likely to bring the justice system into further disrepute.

“We must, therefore, guard against the appearance of bias and ensure that the fundamental principles of impartiality and independence of the judiciary prevail at all times.

“We trust, Dame Janice, that you understand our concerns and that the JLSC will accept and place on record the concerns of the St Vincent and the Grenadines Bar Association on this issue.”

In a letter dated December 6, Secretary of the JLSC Jodi-Ann Masters-Singh, on behalf of Chief Justice and chair of the Commission, Dame Janice M. Pereira, stated that the Commission has noted the concerns and “intends to investigate the matter further for a suitable resolution.”

“To that end, the Commission will be liaising with the Public Service Commission in St Vincent and the Grenadines, from which the Commission received the recommendation for Mr Colin John’s appointment to the post of Senior Magistrate.”

The JLSC’s letter further stated “the sensitive nature of the Bar Association’s concerns and, accordingly, would require time to conduct its own investigations. Once those investigations are complete, the Bar Association will receive a more detailed response from the Commission as timeously as possible.”