Sir Dennis Byron

Francis Alexis

Description

Born in St Kitts, Nevis & Anguilla (now St Kitts & Nevis), Sir Dennis Byron, in July 2018, completed his distinguished service as President of The Caribbean Court of Justice (CCJ). Barely a month before, Sir Dennis delivered the landmark judgment of the CCJ Appellate Jurisdiction in which struck down as unconstitutional in Barbados the mandatory death penalty for murder. This book recalls the stellar achievements of Sir Dennis Byron in judicial offices world-wide. As Chief Justice (Ag) of post revolution Grenada, Sir Dennis presided over the historic murder trial on the killing of Grenadian prime minister, Maurice Bishop (A sequel to that trial decided by the United Kingdom Privy Council in 2019, confirmed that the trial was presided over flawlessly). After that, he was the Chief Justice of The Eastern Caribbean Supreme Court based in St Lucia. Sir Dennis then served as President of the UN International Criminal Tribunal on genocide in Rwanda, a tribunal seated in Tanzania, addressing

Sujets

• Lettres et linguistique

Informations

• Publié par: Hansib Publications
• Date de parution: 05 mars 2020
• Nombre de lectures: 0
• EAN13: 9781912662203
• Langue: English
• Poids de l'ouvrage: 1 Mo

Extrait

Sir Dennis Byron
LAW LEGEND
FRANCIS ALEXIS
QC; PHD (Cantab), LLM, LLB, BA (UWI); LEC (HWLS) Director, Postgraduate Programmes in Public Law, Faculty of Law, University of the West Indies, Cave Hill, Barbados; Sometime Attorney-General of Grenada
First published in Great Britain by Hansib Publications in 2020
Hansib Publications Limited
P.O. Box 226, Hertford, SG14 3WY, United Kingdom
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www.hansibpublications.com
Copyright Francis Raphael Alexis, 2020
ISBN 978-1-912662-14-2
A CIP catalogue record for this book is available from the British Library
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Printed in Great Britain
www.hansibpublications.com
Sir Dennis and Lady Norma in St Kitts
FOREWORD

Mr Justice Denys Barrow SC, Judge of the Caribbean Court of Justice
It is a happy convergence that attends the publication of this book, Sir Dennis Byron: Law Legend . Born in St Kitts, Nevis Anguilla (now St Kitts Nevis), The Rt Hon Sir Dennis Byron in July 2018 completed his distinguished service as President of the Caribbean Court of Justice ( CCJ ) seated in Trinidad Tobago. Barely a month before, Sir Dennis delivered the landmark judgment of the CCJ Appellate Jurisdiction in Nervais v The Queen (2018). This struck down as unconstitutional in Barbados the mandatory death penalty for murder.
Further, Nervais v The Queen destroyed the thesis then prevailing in some Caribbean countries, that an existing law , that is, a pre-Constitution law, though inconsistent with the Bill of Rights, might not be declared unconstitutional, because of a general existing laws savings clause in the Bill of Rights. Sir Dennis subjects a pre-Constitution law to the requirements of the Bill of Rights by reading the existing laws savings clause together with provisions in the constitutional instruments which ordain that existing laws be construed to conform with the Constitution. The implications of this decision will resound for years to come.
The Tradewinds, in their song, Where Are Your Heroes? , challenge Caribbean societies to praise in our literature those who have enriched Caribbean life.
This book, by Francis Alexis, takes up that challenge. It biographs stellar achievements of Sir Dennis in judicial offices world-wide. As Chief Justice (Ag) of post-revolution Grenada, Sir Dennis presided over the record breaking Maurice Bishop Murder Trial . After that, he was the Chief Justice of the Eastern Caribbean Supreme Court based in St Lucia. Sir Dennis then served as President of the UN ICT on genocide in Rwanda, Africa; a tribunal seated in Tanzania; addressing the UN General Assembly and its Security Council regularly. Sir Dennis capped it off as President of the CCJ. He led spectacular procedural and technological reforms to judicial systems, improving their accessibility and efficiency. Sir Dennis also served inspirationally otherwise, as President of the Commonwealth Judicial Education Institute in Canada. Sir Dennis is a living law legend.
By such attainments, Sir Dennis admirably enhanced justice for development; their engaging treatment makes required reading of Sir Dennis Byron: Law Legend .

Denys Barrow
Judge of the Caribbean Court of Justice
4 July 2019
ACKNOWLEDGMENTS
The Lord God Almighty, God the Father the Creator, deserves the greatest glory, praise and thanks for that, He, through the Lord Jesus Christ, God the Son, with the Lord the Holy Spirit, afforded me life, health and ideas to write this book.
The Rt Hon Sir Charles Michael Dennis Byron Kt PC, affectionately called Sir Dennis Byron, attained legendary achievements in law, justice, jurisprudence and judicial systems reforms. He headed the Former 1979 Grenada Supreme Court ( FGSC ), the Eastern Caribbean Supreme Court ( ECSC ), the United Nations ( UN ) International Criminal Tribunal for Rwanda in Africa ( ICTR ), and the Caribbean Court of Justice ( CCJ ). He served as President of the Commonwealth Judicial Education Institute in Canada. He helped with justice systems reforms in Haiti. Otherwise, too, he served in Africa, Canada and the UK. Caringly, Sir Dennis radiates warmth from his welcoming personality. Sir Dennis responded with touching patience to the intrusive inquiries a biographer must make of the biographee. His Lordship sat still graciously while this biography of him was portrayed; never flinching at any stroke of the brush on the canvass. Sir Dennis generously made available to me his priceless treasure of legal literature.
Mr Justice Denys Barrow SC, Judge of the CCJ, former Justice of Appeal of the ECSC, planted in me the seed for writing on those stellar achievements of Sir Dennis. Mr Justice Barrow kindly wrote the Foreword to this book. Also, in other ways, Mr Justice Barrow ensured that researching Sir Dennis produced this book.
To mark the retirement of Sir Dennis Byron as CCJ President, a CCJ special sitting was held on 16 May 2018 in Antigua Barbuda. Nine of its addresses are Appendices to this book, edited only for paragraph numbering; those by Sir Dennis, Mr Justice Adrian Saunders, Dame Justice Janice Pereira DBE, Mde Justice Yonette Cummings-Edwards CCH OR, Mde Justice Sandra Oxner, Mr Justice Madan Lokur, Mr Justice Stanley Moore SC, Jacqueline Graham and Ruggles Ferguson. Other Appendices include an in-depth interview of Sir Dennis and an address by Mr Justice Jacob Wit to another CCJ special sitting.
Dr Peter D Maynard of The Bahamas, lawyer and university law teacher, edited the entire script. So too did Mary Alexis of Grenada, language arts specialist. They did this splendidly, saving me from many errors.
Mr Justice Vagn Joensen of Denmark, a former UN ICTR President, helped mould Chapter 11 on the work of the ICTR under Sir Dennis.
Rather useful to this project were resources held by certain law libraries. These are the University of West Indies Faculty of Law Library, Cave Hill, Barbados; the CCJ Law Library, Port of Spain, Trinidad Tobago, with ready help from Jacinth Smith; and the Sir Archibald Nedd Law Library of the ECSC in Grenada. Quite handy were the holdings of Anselm Clouden my partner at Grenlaw Chambers, Grenada. Google and Wikipedia give access to highways of information.
Keron Regis, secretary at Grenlaw Chambers, worked full time word processing the script. Also, she put in plenty overtime on it; as too did Neresa Francis and Abigail Checkley. They did this marvellously. General logistical back-up came from my colleague Winnifred Duncan Phillip; Andrew Richards; and Grenlaw general staff particularly Gillian Lewis and Andrea Shockness.
Photographs came mainly from collections of Talibah VO Byron of St Kitts Nevis.
Ample support flowed from my wife Margaret; my children Molara, Nekol and Oyeronke; also my grandchildren by Nekol and her husband Jack Banks, Mackie and Sienna.
Hansib Publications Limited, Hertford, England, UK, did excellent work, making a fine presentation of this book; particularly helpful guidance was afforded me by Arif Ali and Kash Ali both of Hansib.
To all the above persons and institutions, and many others too numerous to mention, I extend most profound grateful thanks.
Francis Alexis
St Paul s, St George
Grenada
1 November 2019
CONTENTS
References to subjects in the Contents are to paragraphs; but are to pages for Appendices, Bibliography and Index
Foreword
Acknowledgments
Preface
Abbreviations
Table of Cases
Table of Constitutional Instruments
Table of Acts
Table of Autonomous Instruments
Table of Subordinate Legislation
Table of Agreements and Treaties
PART I INTRODUCTORY
1. INTRODUCTION
Learning the Way
Acting Chief Justice of Grenada
Chief Justice of the Eastern Caribbean Supreme Court
President of the UN ICTR
President of the Caribbean Court of Justice
President of the Commonwealth Judicial Education Institute
Reformer of Judicial Systems
Academic
Role Model
Inspiring Visionary Leader
Legendary
PART II IN EDUCATIONAL INSTITUTIONS
2. SCHOOL DAYS IN ST KITTS
Birth of Byron
First English Settlement in the Caribbean
Constant Conflict
Slave Society Leaving Mark
Before Basic Reforms
Awakening as to Self-Worth
Independence: Fully Responsible Status
Not Unaware
Up to Primary School
Secondary Education
Leeward Islands Scholarship Winner
Peek into the Law
3. CAMBRIDGE, INNER TEMPLE, CALL
Cambridge University Student
Matriculating at Cambridge
Constitutional Law
Jurisprudence
Full life at Cambridge
Graduating from Cambridge
Postgraduate at Cambridge
Inner Temple Student
Pupilage
Called to the English Bar
PART III AT THE BAR
4. BARRISTER IN PRIVATE PRACTICE
Called to the Bar in St Kitts
Associated Status for Associated State
West Indies Associated States Supreme Court Established
Anguillan Secessionism on eve of Associated Status
Emergency in St Kitts
Treason Trials
Not for Party Politics
Private Law Practice Opted For
Criminal Law Impressiveness: Michaud v The Queen
Human Rights Advocate
Minister s Direction Nullified: Herbert v A-G
Uncompensated compulsory deprivation
Approval needed to come into force
Unauthorised penalty
Striking Success
Mandamus in Lee v Comptroller of Customs
Mandatory obligation
Mandamus issued
Civil Obligations Successes
Principles, not the Twenty-Five Cents
Contracts to sell land and to construct buildings
Limits to legal civil obligations
Team Person
Family Man
PART IV ELEVATED TO THE BENCH
5. INDUCTED TO THE BENCH
An Intimation
Judicial Oath Sworn To
Traumatic
PART V MAURICE