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June 29th, 2009

Allen Or Hepburn For CJ

By ROGAN SMITH
Justice Claire Hepburn (Journal file photo)
There is widespread support in the legal fraternity for Supreme Court Senior Justice Anita Allen to fill the soon-to-be vacant chief justice post due to her seniority on the bench. However, the Journal understands that Justice Claire Hepburn is the person favored by Prime Minister Hubert Ingraham to fill the position.

Current Chief Justice Sir Burton Hall was recently nominated to become a permanent judge of the International Criminal Tribunal for the former Yugoslavia (ICTY).

He is scheduled to take up his new post in August. His departure will create an opening in the top post.

Appointing the next chief justice of The Bahamas is reportedly high on the government’s agenda, and according to Bahama Journal sources, the government is hard pressed to decide who will fill the position.

Mrs. Hepburn, who was recently appointed as a justice, served as attorney general and minister of legal affairs in the Ingraham administration for a little over a year before accepting her new post.

Meantime, Mrs. Allen has served on the bench for numerous years and has been involved in many high profile cases, including the recent election court dispute involving former Progressive Liberal Party (PLP) Senator Pleasant Bridgewater and Marco City MP and State Minister for Finance, Zhivargo Laing.

Many expect her to succeed Sir Burton.

However, well-placed sources claim that the government is prepared to offer her another position.

The position of president of the Court of Appeal will become vacant soon as Dame Joan Sawyer is scheduled to retire.

Dame Joan received a one-year extension after reaching the constitutional retirement age.

Additionally, Supreme Court Justice Emmanuel Osadebay, having passed the retirement age, will officially demit office on Tuesday.

Mrs. Hepburn, who also served as a senator for a little over one year, was admitted as counsel and attorney of the Supreme Court in 1985 and later entered the law firm, Graham, Thompson & Co.

She was made a partner of the law firm in May 1990.

She also served as the director of the Bahamas International Securities Exchange (BISX) from 2000 to 2001, director of the Bank of The Bahamas from July 2001 to October 2002, chairman of the Gaming Board from 1994 to 2002 and acting stipendiary and circuit magistrate in 1989.

She also served as an acting justice of the Supreme Court from September 2004 to February 2005.

Meantime, Justice Allen was a managing partner of Allen, Allen & Company from 1989 to 1996.

She was an associate of Unwala, Leonard & Company from 1988 to 1989; an associate at Paton, Toothe and Company between 1986 and 1988 and also served as assistant crown counsel, crown counsel and legal draftsman.

She was also the co-chairperson of the Bahamas Integrated Justice System after being appointed by Prime Minister Hubert Ingraham in 2001. She was also the treasurer of the Bahamas Bar Association in 1990.

She was appointed justice of the Supreme Court in 1996.

If appointed, there would be two vacancies on the Supreme Court bench.

The first vacancy was created by former Justice Jon Lyons who resigned in May.

Director of Public Prosecutions, Bernard Turner, was recently offered a position on the Supreme Court bench by the Judicial and Legal Service Commission and recently told the Journal that he would be making a decision "very soon" on that matter.

Supreme Court Justices are appointed by the governor-general, acting on the advice from the Judicial and Legal Service Commission.

To qualify for appointment as a justice, a person must be a member of The Bahamas Bar or the Bar of a Commonwealth country and must have practiced as a counsel and attorney for at least 10 years.



 
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