The Tribune

By RASHAD ROLLE

Tribune Staff Reporter

rrolle@tribunemedia.net

PROGRESSIVE Liberal Party leader Philip “Brave” Davis says he opposes the recent appointment of Supreme Court Justice Carolita Bethel to the Court of Appeal.

His statement yesterday drew rebuke from Attorney General Carl Bethel who accused him of launching a “highly politicised attack aimed at the constitution itself and the learned justice of appeal personally”.

Justice Bethel’s appointment, which took effect on August 6, is the first Mr Davis has publicly opposed this term. He said there should be a “more open and transparent process” of appointing judges.

As rumours swirled over Justice Bethel’s impending appointment in June, the Bahamas Bar Association wrote to Prime Minister Dr Hubert Minnis lamenting that calls “for open, fair and transparent process of judicial appointments” have not been prioritised.

Mr Davis said in a statement: “I learned to my dismay that earlier this week Carolita Bethel had been appointed a justice of appeal.”

He said he had “several consultations” with Prime Minister Dr Hubert Minnis about the issue during which he indicated there was “opposition,” adding: “I did not think the consultations were complete.”

Mr Davis in a subsequent statement said there are four more senior Supreme Court judges who were passed over to make way for Justice Bethel’s appointment. They include judges Estelle Gray Evans, Bernard Turner, Indra Charles and Vera Watkins.

Mr Bethel said Mr Davis’ “statement is unfortunate and appears to seek to besmirch not only the process of appointment, but also to besmirch the learned justice of appeal. This is unworthy of a person holding the constitutional office of leader of the opposition.”

Mr Bethel added: “As to the process of appointment, the leader of the opposition is aware that all the mandates of Article 99 of the Constitution were strictly adhered to. The learned justice of appeal has held ‘high judicial office’ as a Supreme Court justice [Article 99(2)(a)] for many years, and has fully satisfied the constitutional qualification for appointment as a justice of appeal.

“The prime minister, in accordance with Article 99(1) of the Constitution, duly consulted with the leader of the opposition. His statement can only be viewed as a highly politicised attack, aimed at the constitution itself, and the learned justice of appeal personally.

“Similarly, the learned justice of appeal has never been accused of any ‘misbehaviour’ or ‘inability’ in the performance of her judicial responsibilities throughout the decades of her service to the judiciary and the Bahamian people.”

Justice Bethel is the wife of attorney Ferron Bethel, a member of Bahamas Power & Light’s board and one of five lawyers Dr Minnis appointed Queen’s Counsel earlier this year.