Decision will be made soon on Court of Appeal judges – Chancellor

Yonette Cummings-Edwards
Yonette Cummings-Edwards

A decision by the Judicial Service Commission (JSC) on nominees for judges of the Guyana Court of Appeal will be made soon as the body is actively in the process of deliberations, Chairperson of the JSC and Chancellor of the Judiciary Justice Yonette-Cummings Edwards says.

“We have what you call a wide process of consultation and we don’t want to rush it, so we take our time to make sure that we have a wide array of judicial officers. So please be patient with us,” the JSC Chairman told Stabroek News when asked for an update on the process, on the sidelines of the recently held Law Week ceremony.

Asked about a  timeframe for wrapping up deliberations, the Chancellor replied, “Yes, shortly.”

In December, sources told Stabroek News that the JSC had received five names so far but agreement has been elusive. The JSC Chairperson was also asked about the number and said, “We have considered a number of them (judges) and deliberation is not confined to five.”

One source said that of the five names that Stabroek News had been given, “one person is out of being considered”.

Questions have been asked about why it was taking the JSC so long to arrive at its decision on Appeal Court judges.

It is now more than seven months since the JSC advertised for judges to be appointed to the bench of the Court of Appeal. On February 19th  last year, the JSC said in a release  that nine attorneys at law had been selected to serve as magistrates. Then on June 26th last year ten new puisne judges were sworn in. These appointments were made following an October 18th, 2023 advertisement for judges and magistrates. It would mean that within eight months the JSC was able to make 19 appointments to two tiers of the judiciary. The appointments of the court of appeal judges would round out the key judicial appointments.

Members of the JSC are Chancellor Cummings-Edwards (Chairperson), Chief Justice Roxane George, former Chancellor of the Judiciary Carl Singh, retired Justice Beasraj Singh Roy, and Chairman of the Public Service Commission, Manniram Prashad.

Late last month Attorney General (AG) Anil Nandlall SC had announced that four acting puisne judges had been confirmed.

The Attorney General had said that following recommendations from the JSC, President Irfaan Ali had confirmed the appointments of Justices Sandil Kissoon, Gino Persaud, Simone Morris-Ramlall, and Damone Younge.

“These judges were appointed several years ago and were acting in their respective offices as Puisne Judges. They have now been confirmed… in accordance with the Constitution of our country,” he said.

On April 24, 2023 when the bill to increase the number of judges sitting in the Court of Appeal to at least nine was passed in the National Assembly, Nandlall said that millions had been expended on expansion and renovation works at the Court of Appeal building which includes an additional courtroom and larger facilities “to permit two sittings of the Court of Appeal simultaneously.”

According to him, it is hoped that in addition to there being more frequent sittings of the Court of Appeal in Georgetown with the availability of two courtrooms, there will be sittings of the Court of Appeal in  Essequibo and Berbice where persons from those counties can have their appeals heard and determined without them having to travel to Georgetown.

In May of last year, the Supreme Court of Judicature unveiled an additional wing for the Court of Appeal in Kingston.

The new wing boasts many technological advancements and an additional courtroom. The court which once housed only five judges now has the capacity to accommodate nine in keeping with the recent legislation.

Speaking at the opening, Chief Justice (ag), George said the expansion had been on the radar of the Chancellor for quite some time. The new wing of the building now has the capacity to hold virtual hearings, recording systems and can readily produce transcripts of court proceedings. It also boasts a gym and two libraries.   

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