Bar Association: Lawyer’s allegations against chief magistrate are serious

Bar Association: Lawyer’s allegations against chief magistrate are serious
The Magistrates' Court Complex on Nassau Street.

NASSAU, BAHAMAS — Bahamas Bar Association President Khalil Parker has suggested that a formal inquiry into a claim that Chief Magistrate Joyann Ferguson Pratt berated attorney Christina Galanos with personal attacks in court could be forthcoming.

Eyewitness News reported yesterday that Chief Justice Sir Brian Moree, QC, became involved after Galanos made a formal complaint to him about Ferguson-Pratt’s alleged comments which brought her to tears.

The chief justice helped arrange a truce in which Ferguson-Pratt would transfer Galanos’ cases to other judges.

Ferguson-Pratt, however, allegedly reneged on the deal when she decided to hear the case of an American, Cary Chappell, in March. Court documents show that Chappell, citing the encounter between the chief magistrate and Galanos, successfully moved the Supreme Court to transfer his case to another judge.

“Allegations of this nature we take very seriously,” Parker said yesterday.

“It is very important for members of the judiciary, whether they are magistrates, justices, or justices of appeal to understand that the courtroom is the workplace for my members and we are very concerned that they are treated with dignity and respect.

“On the question of the complaint, I am aware of the complaint. The complaint has been directed to the appropriate authorities. We are monitoring that in the circumstances. The recent publication flowed from an arrangement that had been in place pending a resolution of Ms Galanos’ complaint.”

Parker said the agreement between Galanos and the chief magistrate did not resolve the matter.

“That was to preserve and protect the integrity of Galanos’ position in the circumstances,” he said.

“At the end of the day the complaint was lodged and as an interim measure that arrangement had been reached. To my understanding it was operational until there was a departure which occasioned Ms Galanos’ application to the Supreme Court. And I believe that the affidavit in support of her application was the source of the material covered in recent media articles.”

Parker said he considers Galanos’ allegations to be serious.

“Everybody is entitled to due process, but for serious judicial misconduct, the ultimate penalty as it ought to be is removal from office if you are found to have committed a serious infraction,” he said.

“It is important to note that not only are attorneys regulated but the conduct of those who discharge their functions as judges are also regulated and they are also scrutinized and it is important that we demonstrate to the public that nobody is above the law and that even though they sit on elevated perches they are coworkers, they are colleagues and they are obligated to treat members of the Bar with respect.

“Again I say these are allegations. I am not presuming the outcome of any process. I am just saying that for the avoidance of doubt The Bahamas Bar Association takes the protection of its members very seriously.

Parker said others will have to determine the veracity of Galanos’ allegations and whether they would constitute a “serious breach” if true.

“I consider the allegations to be serious for my part,” he said.

Asked what is the next step in the matter, he said: “I would have to take that up with the chief justice in the circumstances. When there is a statement to be made in that regard I’d be happy to engage with you.”