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Ground to return as top judge

Turks and Caicos Chief Justice Richard Ground has been named as the new Chief Justice of Bermuda.

Britain yesterday faced down pressure from Government by appointing a UK judge rather than a Bermudian as the Island's new Chief Justice.

As Richard Ground was named for the top position, Overseas Territories Minister Bill Rammell directly criticised Premier Alex Scott for trying to “politicise” the appointment.

Mr. Scott took a huge political risk by publicly backing local judge Norma Wade Miller for the post, saying earlier this week that if Britain ignored Bermuda's views and appointed Mr. Ground it would show there was not a true partnership between London and the Island. But Foreign Secretary Jack Straw, who made the ultimate decision, backed Governor Sir John Vereker and the judicial appointment panel he set up by naming Mr. Ground.

The stand-off came at a time of increased tension as Britain has warned recently that governors need to take a more “robust” role in the internal affairs of the overseas territories. The appointment of Chief Justice has always been made by the Overseas Minister on the recommendation of the Governor, after consultation with the Premier and Leader of the opposition.

But Sir John broke with tradition by setting up a panel to look at the appointment, which angered Mr. Scott.

Last night Mr. Scott - who on Wednesday said he was “extremely optimistic” Mrs. Wade Miller would be appointed - refused to say how he would respond to the rebuff.

A Department of Communication and Information Services spokeswoman said last night: “As the Premier said yesterday, there is Cabinet to consult, the caucus to draw on their opinion, the view of the party, and most importantly, the opinion of the Bermudian people.

“That is the process he will follow, and the process will begin now the announcement has been made.”

Bermuda Public Service Union leader Edward Ball recently urged Bermudians to kick up a storm if Mrs. Wade Miller - a Jamaican who has Bermudian status - is not appointed, saying it would be a slap in the face to qualified local civil servants if an outsider is brought in.

Mr. Ground, the Chief Justice of Turks and Caicos who was a Puisne Judge in Bermuda between 1992 and 1998, refused last night to be drawn on the political controversy.

Confirming the appointment yesterday, a Government House statement read: “The Secretary of State (Mr. Straw), when considering the Chief Justice appointment, took careful note of the views of the Honourable Premier, which had been explained to him by the Governor and expressed to Mr Rammell directly by the Premier during his visit to London earlier this month.

“He also took careful note of the view of the panel convened to recommend a candidate, and of the Governor's own advice (which remains, of course, confidential). He concluded that Mr. Ground would be the best Chief Justice for Bermuda. He had confidence that he would work energetically and effectively to improve the administration of justice, and that he would bring to bear a wide range of skill and experience on the cases that came before him.

“Mr. Rammell, in conveying this decision to the Governor and to the Premier, has made it clear that it is not appropriate for the post of Chief Justice to become the subject of political pressure.”

Opposition Leader Dr. Grant Gibbons said last night: “It is clear under our constitution that the appointment of a Chief Justice is the Governor's decision.

“We will support the Governor's choice. It clearly was a difficult decision as there were good candidates. It is also clear that there has been wide consultation and the decision was carefully considered.

“The United Bermuda Party felt that judicial appointments should not be politicised and we supported the Governor's use of a knowledgeable, primarily Bermudian, technical panel to give him advice.

“The proposed candidate has worked in Bermuda before and since the decision has been made, we hope that the community will provide the support he will need in order to carry out his very important function.”

Bermuda Bar Council President David Kessaram welcomed the appointment and called for a judicial services commission to be set up to ensure to take the politics out of judicial appointments.

Mr. Kessaram said last night: “The Bermuda Bar Council is thankful that the decision has been made and looks forward to working with the new Chief Justice to assist where it can to improve the administration of justice in Bermuda.

“The new Chief Justice has a reputation not only for the quality of his judging, but also for his enthusiasm in working to make things function effectively.

“As for the process of selection, I can say that the Bar Council supports the creation of a judicial services commission to ensure (among other things) that the appointment of judges is as free of political influences as it can possibly be.

“Speaking for myself, I have appeared many times before Mr. Justice Ground when he was a Puisne judge, and have a great respect for his abilities.

“This view is shared by all of my colleagues with whom I have spoken. I am sure he will make a very good Chief Justice.

“On the domestic front, I believe he is aware of and will be sensitive to the distinct social and cultural aspects of Bermudian life; and will make sound and just decisions in all spheres of the law.

“His appointment will also help to build confidence in Bermuda as a jurisdiction where international commercial disputes can be effectively litigated. This will be good for international business on which our community so heavily relies. “

Speaking exclusively to The Royal Gazette from Turks and Caicos last night, Mr. Ground, 54, said: “My wife and I are sorry to be leaving Turks and Caicos. We have enjoyed living here very much and have great affection for the island and respect for the people.

“That said, I am looking forward very much to the challenges of being Chief Justice of Bermuda. During my six years as Puisne judge in Bermuda, from 1992 to 1998, I gained a considerable understanding of the country and its people and of the problems that face the courts. I look forward to putting that experience to use again.

“During those years, I was especially impressed by the calibre of the Bar and the professionalism of the court staff and I am sure we can work together to improve the administration of justice for the benefit of all the people of Bermuda.

“I am grateful for the confidence shown in me by Sir John Vereker and want to take this opportunity to congratulate my predecessor on his well-deserved appointment to the Court of Appeal.”

When asked about the political row over his appointment, Mr. Ground said: “I can't comment on that. That is a political question.”

Mrs. Wade Miller did not respond last night to a call seeking comment. The Royal Gazette understands the third candidate short-listed was local Puisne Judge Charles Etta-Simmons.