The controversy continues as it relates to the decision by high court Judge Bernie Stephenson to recuse herself from an election petition filed by the opposition United Workers Party (UWP) challenging aspects of the December 2019 general elections.
Opposition Leader Lennox Linton and head of pressure group, Concerned Citizens Movement (CCM), Loftus Durand have been open and vocal against Judge Stephenson hearing the matter labeling her “bias and unfair.”
“Bernie Stephenson cannot be fair; she cannot be impartial; she cannot be independent; she cannot be objective where the dispensation of justice, as it involves the United Workers Party in Dominica, is concerned and she should recuse herself from this matter,” Linton stated.
The Dominica Bar Association (DBA) and lead counsel for the government in the matter Anthony Astaphan SC, have already spoken in defense of Judge Stephenson and the judicial system. Now, the latest member of the legal fraternity to add his voice in condemning the attack is the former magistrate Tiyani Behanzin.
According to Behanzin, the attack on the judge is unwarranted and uncalled for and is in poor taste.
“I really don’t like the issue of politicizing a judge’s work. I think that it is reckless and we have to avoid that. I explained that there is a process by which you could raise such an application before the judge. I don’t think it should be in a political realm. I am a person who sometimes would make my political statements.
“However, in the instance of the court, I don’t think it is right to be making political statements about the judge especially if they are personal,” Behanzin, the son of former Prime Minister Roosevelt Douglas echoed.
While he believes that persons are within their rights to speak out on matters concerning the decisions of a judge, he contends that it must be done properly.
“You have a right in a democratic society to criticize anything a judge may say or do in terms of their decisions. So I just think that the lawyers for the parties before the judge should make those applications to the judge and then if they are not successful they can refer it further to the Chief Justice via the Registrar.
“I don’t think it should be in the realm of politics at all, whatever side does it. That is what I believe. But I think that those things should be done at the appropriate place and at the appropriate time before the judge in the matter, that is where it should be done and not in the political sphere,” he emphasized.