An unfortunate Game of Thrones

Elizabeth Solomon writes a weekly column for the Newsday.

There really is no polite or diplomatic way to express this. The spectacle of internecine feuding that the judiciary has become is deeply disappointing and, frankly, of grave concern to us all. Everyone contributing to this debacle – and many are implicated – needs to take a step back in the interest of preserving the integrity of an institution that is so critical to our survival as a viable nation.

It is not that the issues under public debate are unimportant, or that matters of how the judiciary works should be swept under the proverbial carpet.

The concern here is that the intent and manner of engagement of many of those involved appear to be more focused on self-interest than on contributing to a resolution that would protect the institution of the judiciary.

Whatever the facts, the Chief Justice has become a lightning rod for criticism and public contempt from which it is hard to imagine how he can emerge unscathed. The battle of he-say, she-say over the Chief Justice’s statement is hardly likely to convincingly reveal the truth and in the meantime the public’s confidence in the gravitas and impartiality of judges has plummeted.

The dark clouds of the legal battle between Marcia Ayers-Caesar and those who sought to appoint her to the bench hang over all new judicial appointments.

The administrative bungling that resulted in several cases having to restart contributes even further to a general undermining of the rule of law, a situation that only serves to embolden criminal elements.

In any nation that proclaims its belief in the fundamental aspirations of a democratic society and in the rule of law, the judiciary is one of the most important cornerstones of our ethos.

Its authority must be such that the citizenry is able, willingly, to accept its adjudication over our differences, our dysfunctional behaviour and our anti-social and criminal behaviour.

Importantly, in a fledgling independent society such as ours, with all our institutions seemingly crumbling on themselves and the toxic spectre of economic and social unravelling and rampant crime, we need a judiciary that, like Caesar’s wife, must be above reproach. From the public’s perspective, this self-rending that the judiciary is undergoing in the open arena feels much like the fictional battle for the Iron Throne. All efforts should now be focused not in ferreting out details of the surface disputes, but on a satisfactory resolution of the underlying issues that have brought us to this point.

Most importantly, everyone involved must be helped to realign their perspectives to work towards the public interest of rebuilding confidence in a ragged judiciary. A judiciary requires for its efficacy public respect and a willing acceptance of its authority by that public; all stakeholders must recognise this. We therefore need urgently to turn to the healing process required and to invest in supporting a process of renewed commitment to this pivotal institution.