Concerns raised over appointment of new judge
A new judge may not be able to preside over criminal cases for up to two years because of a conflict with his job as a public prosecutor, The Royal Gazette has been told.
The Governor announced that the deputy director of the Department of Public Prosecutions, Alan Richards, who is from Britain, had been appointed as a Supreme Court Puisne Judge.
Although regarded as a very good lawyer, the Gazette understands that Mr Richards was chosen over two qualified Bermudians who have been working as acting judges.
Sources who spoke to the Gazette also said they were concerned that his appointment could leave a gap in expertise at the DPP.
One person said that Mr Richards was the only lawyer at the department with deep experience in dealing with issues such as financial crimes.
In her statement, Rena Lalgie said: “I am pleased to appoint Mr Richards to this important role.
“In particular, he brings valuable knowledge and insight from his extensive experience including his work with the Department of Public Prosecutions over the last nine years.
“The judiciary holds an important place in Bermuda as a separate and independent branch of government, which hears charges of criminal conduct, resolves disputes, upholds the rights and freedoms of individuals and preserves the rule of law.”
Mr Richards said: “I am greatly honoured by this appointment and I look forward to serving the administration of justice in these islands in this role to the very best of my abilities.”
Cindy Clarke, the DPP director, added: “We congratulate Mr Richards on his appointment. The public can feel confident that there will be no gap in service.”
The appointment of a Puisne Judge is made by the Governor under section 73(4) of the Bermuda Constitution and after consultation with the Chief Justice.
The appointment followed an open and competitive recruitment process and the Judicial and Legal Services Committee advised the Governor throughout.
The Royal Gazette e-mailed some questions last night to the Department of Communications to be passed on to Government House.
We asked:
• Was the appointment of Alan Richards recommended by the Judicial and Legal Services committee?
• It has been suggested that Mr Richards may not be able to judge criminal cases for up to two years because of a conflict with his DPP work. Is that correct?
• If that is correct, will there still be the need for acting judges?
• If it is correct, what work will Mr Richards do? Will it just be civil cases?
• Has anyone been lined up to take Mr Richards’s post in the DPP?
• Mr Richards is not a Bermudian. Why were Bermudians who applied overlooked?
There was no response by press time.
One source said he had a lot of time for Mr Richards, who he said was very fair-minded and would make a good judge.
He was upset, however, that qualified Bermudians who had applied for the job had been overlooked.
“He is a good lawyer and I think one day he would make a very good judge, but this just seems to me ridiculous at the moment.
“He’s the only person with any kind of experience in dealing with money laundering, financial crime and that sort of thing in the DPP.
“They are going to leave a massive hole in the department, and what is he actually going to do?”
Another source added: “I hear that there are counsel upset and it does fly in the face of the other candidates who are so qualified that they have acted in the position successfully.
“Because he is a deputy director at the DPP, he is likely to be conflicted on all indictments signed before he resigns the post.”
It is understood that there could be scores of indictments, which could take 18 months to two years to clear.
One other source said Mr Richards was a “very good and fair prosecutor”.
However, he added: “It is nothing short of astounding that at least two senior Bermudian criminal justice lawyers with significant experience as judges were snubbed for this judicial appointment for a non-Bermudian prosecutor.”
Another source added: “It is beyond reasonable belief that this appointment could possibly be properly made.
“It flies in the face of the fact that the chosen candidate is not a Bermudian and has no significant ties to Bermuda, yet candidates who are Bermudian and who are well qualified have been passed over.
“The most crippling morale-breaker in this country has been the perception that no matter how hard you work in your chosen field you can be easily dispossessed and displaced by someone who is not a Bermudian.”
Mr Richards was Called to the Bar of England and Wales in October 2004 and the Bermuda Bar in March 2015.
He has worked in the Department of Public Prosecutions since 2015, initially as a consultant, then senior Crown Counsel (specialist) and finally as the first Deputy Director of Public Prosecutions.
Mr Richards will take up his position on September 1.
The Bermuda Bar Association declined to comment.
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