PETITION FOR REMOVAL OF CHIEF JUSTICE ANTHONY SMELLIE QC FROM OFFICE FOR CAUSE UNDER SECTIONS 96 AND 106 OF THE CONSTITUTION OF THE CAYMAN ISLANDS

WHEREAS I the undersigned elector and/or petitioner recognise that independence of the judiciary is an important part of our democracy and pursuit of the rule of law but also believe that judges must not continue in office if they persistently render judgments that undermine confidence in the judiciary;

AND WHEREAS I the undersigned elector and/or petitioner is of the view that the Chief Justice, Anthony Smellie QC has failed to show that he is able to carry out his duties in a competent and politically neutral manner;

AND WHEREAS under section 106(1) of the Constitution power to appoint, remove and exercise disciplinary control over Judges of the Grand Court rests with the Governor acting in accordance with the advice of the Judicial and Legal Service Commission but subject to the powers of Her Majesty and the Judicial Committee of the Privy Council under section 96 of the Constitution;

AND WHEREAS the Judicial Code of Conduct states in paragraph 34 that a Judge “must display intellectual honesty in the reasoning on which his or her decisions are based” and I feel that the Chief Justice has not done so in a number of cases including but not limited to the case of Chantelle Day v Governor and the decisions relating to qualifications for elections;

AND WHEREAS I have reached the conclusion that the fitness of the Chief Justice to continue in office needs urgent inquiring into with a view to ascertaining whether the Chief Justice is fit to remain in office;

HEREBY REQUEST THE GOVERNOR TO:

1. Direct the Judicial and Legal Services Commission to conduct an inquiry into the manner in which the Chief Justice has performed his duties since his appointment, including but not limited to:

(a) his decision in the case of Chantelle Day v Governor and whether he flagrantly exceeded his authority and failed to give due regard to the express wishes arising out of the detailed and painstaking consultation process;

(b) the manner in which he handled the court case relating to the Tempura investigation as outlined in the Tempura report and other relevant materials, namely, disclosing to the subject of the investigation while he was hearing the matter;

(c) the extent to which, if at all, he has promoted the interests of foreigners at the expense of Caymanians in the hiring and treatment of staff in the judiciary;

(d) his practices and any role he may have played in recommending persons for the grant of the status of Queens Counsel in the Cayman Islands;

(e) the manner in which he has administered the judiciary in general;

(f) any other matter relevant to his exercise of the functions of Chief Justice.

2. Direct the Judicial and Legal Service Commission to conduct inquiries and, in that process, receive evidence from the public regarding the matters stated in paragraph 1 and make recommendations to the Governor.

3. Suspend the Chief Justice from office under section 96(6) of the Constitution pending the inquiry so as to preserve evidence.

4. Consider, at the end of the inquiry, whether it would be appropriate to recommend his removal him from office.