Tribute paid to late CJ Bernard at special court sitting

THE legacy of the late Chief Justice Clinton Bernard was remembered on Thursday at a special sitting of the Supreme Court.

Bernard died at the age of 90 on October 26 at his home in Westmoorings.

Several speakers lauded Bernard’s contribution at the special sitting at the Convocation Hall of the Hall of Justice, Port of Spain.

Those present included his family and Chief Justice Ivor Archie, former judges, including Justices Anthony Lucky, Roger Hamel-Smith, Lionel Jones and Humphrey Stollmeyer, sitting judges and senior attorneys and court staff.

Justice of Appeal Nolan Bereaux recalled his first interaction with Bernard, when he read a newspaper article about his exploits as crown counsel. Bereaux said the late Chief Justice was adept at both criminal and civil law, “a rare thing even in this age of specialisation.”

“He expressed himself so simply, there was a tendency to underestimate his intellect. You did so at your own peril,” the judge said, adding that Bernard always decided cases based on what the justice of the case required.

Describing him as a fiercely independent judge, Bereaux said he was “formidable, direct, sometimes blunt, yet patient with young counsel.” He also said Bernard was a “brilliant writer” whose judgments were well researched, with deep analysis, yet easy to follow.

“There was always something you could learn from him,” he said.

He mentioned meeting Bernard, as head of the Judicial and Legal Service Commission, when he became Chief Justice, to seek increased wages for State attorneys.

He spoke about when they went to meet him in 1991 as part of a delegation of State lawyers seeking increased wages for state attorneys.

"We expected intimidation, instead we got support and encouragement."

Also speaking at the special tribute was court executive administrator Master Christie Anne Morris-Alleyne, who spoke on behalf of the Bernard family.

She began her tribute by quoting one of Bernard’s favourite quote: “They don’t throw stones at empty mango trees.

“He was laden with fruits of wisdom, dedication to country, human insight, understanding of personal sacrifice and yes, bravery,” she said.

Having worked with him, Morris-Alleyne said Bernard was a “chief justice who led from the front,” refusing diplomatic privileges unless and until they were made available to all judges.

She said he died his own research and wrote erudite judgments, gave his life to his country and took time to mentor young people and listening to the common man.

According to Morris-Alleyne, he paid little consideration for personal loss, and worked tireless to ensure that both judges and State counsel were treated fairly.

“I saw him preside over the effective, dignified, one-day, silent protest by a judge,” she said, adding that he pushed for national harmony.

Bernard also ensured that the Supreme Court in San Fernando was completed and that the Judiciary owned its own buildings.

She mentioned the publication of the Scott Drug Report in the 1980s, which she said, had the potential to destroy the Judiciary, yet Bernard skilfully revived the lower bench while gaining public trust and confidence.

“He sailed us through the trauma of the attempted coup and its aftermath,” she said. “He was a leader ahead of his time.”

Among some of Bernard’s more recognised contributions to the Judiciary was the introduction of “skeleton” arguments in civil court matters and the introduction of modern technology into the Supreme Court.

He also is credited with initiating the design of judges’ robes to be adorned with the national colours to create the distinction between judges and attorneys, and handing down practice directions for the way lawyers should dress when they appear in court.

Also addressing the special sitting were Douglas Mendes, SC, who spoke on behalf of the Law Association, and Solicitor General Carol Hernandez on behalf of the Attorney General.