Copyright newsday
IMRAN S KHAN I WRITE THIS piece not from the perspective of politics or constitutionality (of which a lot has already been said in the public domain), but exclusively from the perspective of a practising attorney navigating the ebbs, flows and vagaries of legal practice on a daily basis. Being actively engaged in a litigation practice spanning well over 27 years in the courts of TT, this has provided me with a unique insight into the operation of our courts and consequently a practical understanding of what are the necessary traits for an effective judicial officer. Time has borne witness to seismic changes in our society and to how our legal system operates. We have seen an increase in the overall volume of litigation, old rules of court giving way to new, court hearings move from in-person to online, etc while simultaneously witnessing changes in the attitudes and behaviours of stakeholders utilising the system. During all of this, judges have come and gone, themselves having to also navigate this ever-changing landscape. The question must be asked both factually and philosophically of who is a judge. I proffer an answer to say that a judge is an exemplar and represents the best of us. A judge is an instrument of truth and justice. To hold such a hallowed post is not simply a "wuk,” as we say in local parlance, but inherently enshrined therein is a sacred duty and responsibility to God and country. It is a responsibility to dispense justice without fear or favour, bearing in mind that with the stroke of a pen, any decision of a court is going to have an impact on a citizen’s life, liberty, property, money, livelihood, future or more. Experience has therefore suggested to me the critical and indispensable characteristics that one must possess in order to be an effective judge. The person must have real-life experience in the practice of the law, not limited to merely academic or theoretical knowledge. He must also have real and varied experience of life itself, with a deep and meaningful understanding of people and the many existing layers of society which he intends to serve. He must have a sound knowledge of the law including its practical application and impact. He must have humility inherent in which must be the ability to listen and to honour a citizen’s fundamental right in accessing justice to be heard. He must not be cocky or arrogant nor should he exude a propensity to advance a predetermined position. Of course, others may add many other traits to the list, but in my considered assessment, these represent the fundamental underpinnings of a good judicial officer. I say all of this to say that in my years of practice at the Bar, the new Chief Justice, Ronnie Boodoosingh, has exemplified these characteristics. He has gone about his business with dignity and humility, progressing the work of the people without much fanfare, but all the while getting the job done with simplicity, efficiency and scholarship. I offer my sincere congratulations to the Chief Justice on his appointment as we usher in a new legal chapter in the history of TT. I am sure that my colleagues in the legal profession would join in my prayer that the Almighty guides the heart, mind and intellect of our new Chief Justice such as would redound to the benefit of our great nation. Fiat justitia ruat caelum” – Let justice be done though the heavens fall. Imran S Khan is a past president of the Assembly of Southern Lawyers
