The Judiciary has reaffirmed the importance of its role as a central pillar of Jamaica’s democracy, warning that actions which diminish respect for the courts risk weakening public confidence in the administration of justice. Chief Justice Kenneth Smith noted that ceremonial traditions surrounding the courts are not about personal honour, but about reinforcing respect for the high offices judges hold and the rule of law they represent. At a time of growing lawlessness, he said, maintaining visible symbols of judicial authority remains vital to preserving trust, order, and confidence in the nation’s legal institutions.

Published Tuesday, January 8, 1974

Discontinuance of honour guard:

– CJ knocks way he was told of change

Strong comment about the manner in which he was officially notified of the discontinuance of the customary police guard of honour provided at the ceremonial opening of the Assize, or Circuit Court, was made yesterday by the Chief Justice, the Hon Kenneth Smith, as he opened the Hilary Session of the Home Circuit Court.
Though there was no guard of honour, the judges have unanimously decided to retain that part of the ceremony over which they have control and, in the words of the chief justice, “we are disappointed because we have had cause recently to believe that the practice of ignoring the judges had ceased”.
Flanked by the Custodes of Kingston and St Andrew, the Hon Dr Aubrey McFarlane and the Hon Henry Shaw, respectively, and the other circuit judges – Mr Justice Melville, Mr Justice Rowe and Mr Justice Willkie – His Lordship spoke of the work done last term and made some remarks about attorneys, chiefly the younger members of the profession who have fixtures in two different courts at the same time, with resultant delays and waste of time.
He then went on to deal with the absence of the police guard of honour in this way:
“Finally, I hope the members of the public who were present to see the ceremonial opening of the Assize were not too disappointed because of the absence of a guard of honour provided by the police, having seen a newspaper report that there would be one.
“My brethren and I were not surprised, though a bit disappointed. We were not surprised because, for years now, decisions affecting the judges and the administration of justice have been made without our being consulted or even informed beforehand. Some of us have, in the past, had cause to wonder whether it is forgotten that the Judiciary is constitutionally one of the organs of government, the others being Parliament and the Executive.
“The judges of the Supreme Court do not deny the right of the Executive to discontinue the customary guard of honour provided at the ceremonial opening of the Assize or Circuit Court, but we feel that, since the judge is the central figure in the ceremony, our views might have been solicited, or we should at least have been informed officially beforehand.
“The only official intimation we have had that a guard would no longer be provided was when a senior police officer went to my home to tell me so on Saturday last, the day the report appeared in the newspapers that a guard would be provided. We are bound to assume that there is good reason for the decision, but we regret that it was necessary to make it.
“We are unanimously of the view, which we believe is not mistaken, that the ceremony has the effect of maintaining and, hopefully, enhancing, public respect for, admiration of, and confidence in the judges and the courts, which we venture to think is vital in any democratic society. We think it all the more desirable at this time when, regretfully, all around us, there is so much evidence of lawlessness and lack of respect for our institutions and for persons in authority.
“In anticipation of the decision which has now been made, and consistent with our view of the beneficial effect which the ceremony may have on the public, we decided to retain that part of the ceremony over which we have control. We decided that the judges opening the Assize and the Circuit Courts will arrive as heretofore.”
Escorts
“We hope it will not be too much to ask to be provided with police motorcycle escorts, if these can be spared. We hope that the Honourable Custodes of Kingston and St Andrew, and those in the other parishes, as well as their Honours the Resident Magistrates in those parishes, will do us the honour of being present to meet and sit with us as heretofore.
“We expect that some members of the police force will be present on our arrival, for crowd control and to prevent breaches of the peace, if for nothing else.
“This decision of ours was put into effect today, and we are grateful to the police officers concerned for arranging the motorcycle escort and for being present when I arrived earlier this morning. We are also grateful to the Honourable Custodes on my right and left for being present to meet me.
“We wish to make it clear that, in seeking to retain a vestige of the customary ceremony, we do not seek honour for ourselves as individuals, but for the high offices which we are privileged to hold in the service of our country.”
On behalf of the practising Bar, Mr Roy Taylor expressed the hope that this year, 1974, beset as it is with problems related to living itself, will also generate not merely a spirit of enterprise in approaching the problems which face members of the profession in their general lives, but also a spirit of comradeship and togetherness which will infuse not merely members of the Bar but also the Bench, and will result in a reawakening of the spirit which existed some years ago in the administration of justice – a realisation that both the judges and counsel at the Bar are engaged in the pursuit of justice and ultimately with a view to the betterment of society as a whole.
Betterment
The chief justice expressed pleasure at the resolve by the Bar towards the betterment of the administration of justice, as related by Mr Taylor, and said the judges would try their best to cooperate and work harmoniously with members of the Bar in the pursuit of justice.
Earlier, His Lordship was met on arrival by Supt A. B. Lewis and Dep Supt D. B. Walker. The two Custodes were on hand near the former guard-of-honour inspection site and were introduced to His Lordship by the Deputy Registrar (Criminal), Mr Wentworth Coke. Without the sound of music and the customary inspection, the party entered the Supreme Court building to commence the day’s business.
 

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