Justice must be seen to be done in the Commonwealth of Dominica

“Justice should be seen to be done” is not a term in law which should be taken lightly. What it means is quite simply is that, the public needs to see justice done or they will feel that the system is failing them. The whole validity of the justice system is based on the public’s consent to justice served.

R -v- Sussex Justices, Ex parte McCarthy ([1924] [1923] All ER Rep 233) is a leading case famous for its precedence in establishing the principle that the mere appearance of bias is sufficient to overturn a judicial decision.

For those who have forgotten the meaning of bias it still means: prejudice, partiality, inclination, leaning, bent, disposition, propensity, tendency, predilection, unfairness, proclivity, preconceived notion, foregone conclusion, favoritism, predisposition, preconception, susceptibility. I could go on but simply put, it is to affect unduly or unfairly.

The often cited aphorism of Lord Hewart from the McCarthy case, that “… it is not merely of some importance but is of fundamental importance, that justice should not only be done, but should manifestly and undoubtedly be seen to be done,” is a paramount principle of the Rule of Law. And at this moment, at the dawn of our 31st Independence Anniversary, requires some serious consideration by all citizens of the Commonwealth of Dominica.

Lord Chief Justice Hewart, in this expression, encapsulates a principle that had been long known and often expressed and brought into common parlance the expression "Not only must Justice be done; it must also be seen to be done."

Implicit in this aphorism is the public’s consent of justice served: the public’s satisfaction, the public’s approval, the public’s agreement that justice has been delivered – a sense of fairness, honesty, equality, equity and consistency before the law - that the law is just and that justice has been done.

Those persons responsible for representing, upholding, shaping, serving and dispensing justice in Dominica must ensure that the public consents – this is not to say that the public must agree with every decision of the courts or that the courts’ decision must be pleasing to the public – it simply means that that the public sees that justice is done and that equality and fairness before the law prevail. Such is our responsibility; that we must be neither complacent nor arrogant in that duty. For this reason more than any we must be consistent! All must sing from the same hymn sheet.

The public must not be witness to the magistrates at war amongst themselves – the prison at war with the courts – the Public Prosecution at war with defendants – the police switching cases - the legal system in total public disarray – and the justice system being brought into disrepute! These matters are being played out on talk shows, newspapers, websites and any other available media, but one wonders how many meetings if any are held between the parties to resolve the issues. How many directives if any are sent down from the Ministry of Justice or the responsible Government Department, to resolve these issues?

The public perception of unscrupulous, corrupt, and dishonourable practices within any branch of the Justice System; the police, the courts, the magistrates, justice departments … can only serve to undermine and corrupt the conventional public’s view of justice being seen to be done. I fear that we are on the verge of such a tragedy in the Commonwealth of Dominica.