A justice of the Court of Appeal claimed he has suffered "nothing but embarrassment and hurt" as he dismissed claims made by two financial institutions that asserted a judgment he made should be set aside due to "apparent bias".
Both Justice Stanley John and Justice Christopher Blackman were hit with claims of possible bias by appellants Belgravia International Bank & Trust Company Limited and Experta Trust Company (Bahamas) Limited and calls for a February 2014 judgment in favor of CIBC Trust Company (Bahamas) to be set aside as a result in an appeal heard by the court.
On John's part, the claim stemmed from the fact that John's daughter, Amanda, was employed by Lennox Paton, the firm representing CIBC Trust Company (Bahamas). On Blackman's part, the appellants had claimed that a position he had held as a non-executive director of CIBC West Indies Holdings Limited, a corporate affiliate of CIBC between 1993-1994 and in 2001, and the employment of his son and sister with CIBC companies in Barbados, should have been disclosed by the judge due to the possibility of a resulting bias towards CIBC.
Pushpinder Saini, Q.C., appearing for the appellants, urged that there was a "duty of disclosure" on the part of Blackman and John at the
outset of the appeal in February 2013.
Addressing the claims, Blackman said the appellants did not assist in "stating what defining moment or event occurred" that would have prompted the judge to disclose a likelihood of bias.
"While extensive powers are vested in judicial officers, I don't think that the power of divination is one of them. So the question for the informed, reasonable and right minded person...(is) what would the fair minded and informed observer consider should have prompted John JA or myself in February 2013 to declare a relationship with Lennox Paton or CIBC?"
With respect to the allegation against John specifically, Blackman said he is of the view that "an informed, reasonable and right minded person, viewing the matter realistically and practically" could not have thought the decision by Lennox Paton to hire Amanda John in late 2013 could have been a factor for consideration in May 2013 when the hearing of the appeals concluded.
"In relation to myself, in the circumstance that I ceased to be a non-executive Director of CIBC related companies in 2001, the time that has elapsed is critical to the conclusion that it was more likely than not that an informed, reasonable and rightminded person....would conclude that it was more likely than not that bias or its apprehension (was) improbable.
"I am of the further view that such a person would reach the same conclusion in regard to my son and my sister's employment with the CIBC companies in Barbados, where there has been no relationship with CIBC Trust Company (Bahamas) Limited," he added.
"In the circumstances...I conclude that no reasonable apprehension of bias on the part of John or myself is established. Consequently there is no reason to vacate the judgment of the court dated February 26, 2014..." said Blackman.
Blackman also noted that each judge prepares and expresses their opinion independently, rather than having one member of the court "brief" the rest.
"(This) demonstrates that the independence and integrity of each member of this court is jealously guarded and respected both individually and collectively," said Blackman.
John said that while his 30 year old daughter, Amanda, had lived with him in The Bahamas he "had no personal input into her selection for pupilage with Lennox Paton" and he has not made "any contribution towards the facilitating of a work permit for her in The Bahamas."
"Further I say that I have not had, nor do I now have, any personal relationship with any member of the law firm of Lennox Paton or any other law firm in the Commonwealth of the Bahamas," said John.
Calling the allegations of bias "spurious", John said that they have "caused (him) nothing but embarrassment and hurt, particularly as the judgment sought to be impugned in these application was heard and determined before my daughter's engagement with Lennox Paton."
Also hearing the appeal, Justice Conteh agreed with Blackman's position, asserting that there was "not a scintilla of truth" in the allegations against the two other judges.
The judgment noted that while it is important that justice must be seen to be done, it is "equally" as important that judicial officers discouraging forum shopping.
This can be achieved by not, "acceding too readily to suggestions of bias, encourag(ing) parties to believe that by seeking the disqualifications of a judge, they will have their case tried by someone thought to be more liekly to decide the case in their favor."
The stay granted against the execution of the earlier Court of Appeal judgment on July 17, 2014, was discharged.
The underlying legal battle stemmed from a June 1996 agreement between CIBC and Belgravia, in which the two banks had agreed to act as co-trustees of a family trust. CIBC was ultimately replaced by Experta in July 2005, and Belgravia initiated legal action against CIBC for alleged breach of trust and the return of trust assets/monies still in its control.

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