Government clarifies Denys Barrow legal issue
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Government clarifies Denys Barrow legal issue |
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Contact: Darnley Lebourne
Monday 31 January 2011 – The Government of Saint Lucia is aware of the recent news item regarding legal action by Justice Denys Barrow former Judge of the Eastern Caribbean Court of Appeal. Government desires to inform the public of the history and facts related to the case in question.
It should be noted that. Justice Denys Barrow submitted a claim for pension benefits sometime in 2010 after his resignation from the post as judge within the Eastern Caribbean Court of Appeal. Justice Barrow’s submission was made three (3) years after sitting on the bench of the Court of Appeal. It should be noted that Justice Barrow was not an employee of the Government of Saint Lucia but rather the Judicial and Legal Services Commission (JLSC) of the OECS. Saint Lucia serves as a jurisdiction only for the purpose of assessing pension due to judges. The criteria for such assessments are based on the Pensions Act of Saint Lucia and the Eastern Caribbean Supreme Court (Rates of Pension) Judges Act, No: 12 of 1989. The Government of Saint Lucia mindful of the facts above requested opinions from the Judicial and Legal Services Commission (JLSC). The JLSC was of the opinion that Justice Barrow was not entitled to pension as he had resigned before fulfilling the minimum criteria for the grant of a pension.
In light of the varying opinions on the question of Justice Barrow’s pension, the Government thought it prudent to approach the Eastern Caribbean Court of Appeal for its advisory opinion. The Court of Appeal’s advisory opinion was sought to achieve clarification both on the question of Justice Barrow’s pension specifically and to clarify the law on pension for judges sitting on the courts in Saint Lucia and the OECS generally. The Court of Appeal met in Antigua from September 20th to 22nd, 2010 at which time they considered the matter of Justice Barrow’s submission for pension benefits. This sitting was presided over by three (3) English legal luminaries in the persons of Justice of Appeal (ag) The Rt Hon Lord Neuberger of Abbotsbury Justice of Appeal (ag) The Rt Hon Sir Martin Moore-Bick and Justice of Appeal (ag) and The Honourable Edward Bannister. The OECS Court of Appeal shared the same opinion as the OECS Judicial and Legal Services Commission. Their Lordships opined that Justice Denys Barrow did not qualify for pension benefits as he did not meet the benchmark requirements under the Pensions Act of Saint Lucia and Rates of Pension Judges Act, No: 12 of 1989. It should be noted that Justice Denys Barrow had the benefit of legal representation during the sitting in question.
Justice Barrow subsequently wrote to the Government of Saint Lucia seeking the payment of gratuity. Mr. Barrow’s request was not directed to his employer, which is the Judicial and Legal Services Commission. The Government of Saint Lucia is therefore guided by the opinion of the OECS Supreme Court on this matter. However, the Government wishes to reiterate its position that it is not our intention to withhold any benefits due to Justice Denys Barrow. The Government stands prepared to pay any benefits it is required to pay in accordance with the law. |
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