–says all seven judges unanimously agreed on the outcome of appeal
President of the Caribbean Court of Justice (CCJ), Justice Winston Anderson, has rejected allegations that he sought to influence the court’s handling of the extradition appeal involving Guyanese businessmen Nazar Mohamed and his son, Opposition Leader Azruddin Mohamed.
The issue was among several matters addressed by Justice Anderson in a statement Friday following the publication of reports and confidential internal correspondence concerning the regional court in the Trinidad Express.
Addressing the Mohameds’ case specifically, Justice Anderson said appellate judges routinely engage in detailed and sometimes differing discussions while preparing judgments.
He said the deliberations surrounding the Mohameds’ judgment involved differing views on aspects of the reasoning and how certain issues should be expressed in the final decision.
“That is both normal and healthy within a collegiate appellate court,” Justice Anderson said.
He stressed that differences during the deliberations did not translate into disagreement over the outcome of the appeal.
Justice Anderson said there was “complete unanimity” among all seven judges on the disposition of the Mohamed appeal.
He also rejected any suggestion that a judge had been improperly influenced or directed to reach a particular conclusion.
He said, “No Judge worthy of being on the CCJ Bench would ever allow himself or herself to be unduly influenced by any other Judge including the President.”
Justice Anderson further explained that dissenting judgments are not published in the court’s Original Jurisdiction and that unanimity is standard practice among international courts exercising that type of jurisdiction.
He therefore dismissed suggestions that judicial views had been suppressed or that a judge was instructed to reach a particular conclusion in the Mohamed matter.
“The suggestion that judicial views were suppressed or that any Judge was directed to reach a particular conclusion is therefore wholly without foundation,” Justice Anderson said.
The Mohameds’ case was addressed as part of a wider controversy surrounding the CCJ’s internal affairs and the publication of confidential material.
Justice Anderson strongly condemned the unauthorised disclosure and publication of internal deliberations and confidential correspondence, warning that such disclosures undermine judicial collegiality and public confidence in the court.
He said the allegations that he had sought to influence the outcome of cases were “entirely unfounded and untrue,” while reaffirming judicial independence as a principle he has consistently defended throughout his career.
In concluding his statement, Justice Anderson pledged that the CCJ would continue hearing and determining cases while carrying out its responsibilities under the agreement establishing the court and the Revised Treaty of Chaguaramas.
He said the court would continue to serve the people of the region “with independence, fairness and integrity deserving of the trust and confidence of the Caribbean people.
