Minister Caines On Chief Justice & Courts

June 5, 2018 | 57 Comments

“My comments on Friday’s Motion to Adjourn centred around two key issues – the locus of responsibility for Bermuda’s court administration and staffing levels, as well as the critical importance of succession planning for the country,” Minister of National Security Wayne Caines said.

Audio of the Minister’s comments during the Motion to Adjourn:

Minister Caines said, “I felt compelled to publicly note that comments spoken during Friday’s Motion to Adjourn were not a personal attack on the The Hon. Dr. Ian Kawaley Chief Justice of Bermuda. As a matter of fact, I hold the Chief Justice in very high regard, both personally and professionally. “

“For clarity, my comments on Friday’s Motion to Adjourn centred around two key issues – the locus of responsibility for Bermuda’s court administration and staffing levels, as well as the critical importance of succession planning for the country:

1. “A public statement was sent out by the Acting Registrar, Alexandra Wheatley, wherein she advised that the courts and administration offices would likely be closed for significant periods during the summer because of so many unfilled vacancies in the department. I note with concern that that situation will adversely affect the administration of justice for all.

“My initial point centred around the looming reduction in court opening hours and staffing shortages this summer, which underlines a larger problem that points directly to the leadership, and administration of the courts, or the lack thereof.

“I spoke directly to the fact that the administration of the courts was the responsibility of the Chief Justice. The administration of the Magistrate’s Court, as well as the administration of the Supreme Court and Registrar’s offices are both included within his sphere of responsibilities. Any problem in filling posts cannot be laid at the feet of the Government or of the Attorney General.

“As the most senior member responsible for the administration of the courts, The Chief Justice is accountable for assuring that the vacancies are filled. It is my belief that rather than allowing the Acting Registrar to issue a public statement without discussion with the Attorney General, the Chief Justice would have been better served to engage a more appropriate solution-oriented mechanism to deal with the challenge.

2. “The second concern that I articulated on Friday, centred around the training of Bermudians to take on leadership posts. I made specific comments to the Magistrate’s Courts that do not have a clear plan of succession and no opportunities for Bermudians to rise to leadership posts. There are a number of significant positions held by persons who have passed retirement age.

“My exact same concerns were highlighted in the Supreme Court where there is no plan of succession or opportunities for Bermudians to serve in the Supreme Court.

“I have the highest regard for the incoming Chief Justice Narinder Hargun. This was not an attack on the individual, nor was my commentary based on the ethnicity of the incoming Chief Justice. The comments were squarely and solely around this Chief Justice leaving without a clear plan of succession in place for Bermudians in both the Magistrate’s and Supreme Courts.

“The lack of planning for the magistracy and supreme court bench speaks voluminously about what is deemed a priority here. It would be disappointing if at the end of his tenure in the highest post in our judiciary, our current Chief Justice’s remarkable legacy would end without a pathway laid for the next Bermudian Chief Justice to emerge.

“We have thousands of young Bermudians – students here and abroad as well as professionals within the civil service and the private sector. They are watching our leadership and are keen to see if there is a place for them at the table as leaders of our key industries and of course within our esteemed judicial system. We must hold our leaders accountable for prioritising the succession planning and development so that there is a place for us in the top jobs in our country.”

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  1. WSP says:

    Too late Caine’s,you have been exposed as the “look at me” politician you are.I hoped this government was different than the last PLP administration,but I guess not.Same attitude and a couple new brooms that have already worn out.

  2. Hmmm says:

    Good. Now where is Burch’s apology for calling Narinder Hargun an Indian in a negative way? Or is that acceptable behavior by politicians these days?

    • sandgrownan says:

      It’s ok, because Narinder isn’t a *real* Bermudian.

      • wahoo juice says:

        Neither is tweed and why is it that tweed is not being made to condition a real Bermudian to replace him?

    • Joe Bloggs says:

      Apparently the Human Rights Act does not apply to Col. Burch.

    • jt says:

      Where did he apologise? Did I miss it?
      Re Burch..never ever ever will he apologise. It would mean being wrong about something – and he never is.

    • Family Man says:

      I’m sure they were both just drowsy from the effects of the sleep medication Ambien. I’ve heard it has some nasty side effects.

    • Paul says:

      Burch, is the most disliked politician in Bermuda…and that is a fact.

  3. Justin says:

    “The lack of planning for the magistracy and supreme court bench speaks voluminously about what is deemed a priority here. It would be disappointing if at the end of his tenure in the highest post in our judiciary, our current Chief Justice’s remarkable legacy would end without a pathway laid for the next Bermudian Chief Justice to emerge….”

    Uhmmmm, last I checked the incoming AG is ‘Bermudian’ albeit via ‘Status’. This only takes us back to the debate of who is considered a ‘real’ Bermudian. Obviously we now know which side of the argument Wayne Caines is on… What a shame.

  4. Joe Bloggs says:

    “As the most senior member responsible for the administration of the courts, The Chief Justice is accountable for assuring that the vacancies are filled. It is my belief that rather than allowing the Acting Registrar to issue a public statement without discussion with the Attorney General, the Chief Justice would have been better served to engage a more appropriate solution-oriented mechanism to deal with the challenge”

    What a complete misunderstanding of the way the court system works. Support staff in the courts are civil servants and they are hired in the same way as any other support staff within government. To say anything else is either deliberately misleading or ignorance of the highest order.

  5. nerema says:

    Caines and Burch’s comments on Friday showed them.

    They hate the idea of diversity. The only acceptable appointments for them are black people. Anyone else, and they automatically complain. They do not want a meritocracy. They do not want inclusion. They do not want diversity. They spew their hate comments in the HOA where they feel above the law, and then they offer luke-warm apologies a few days later so try to fend off the fact they behaved like scumbags. They only care about one section of the community. The rest of the population is regularly on the receiving end of unfiltered hate speech, from senior government ministers.

    • Nerema2 says:

      @ nerema. You sound ignorant and stupid. Nothing he said indicates he is against diversity. It is very clear he understands the importance of giving BERMUDIANS a chance to fill vacant/important positions. If this was Facebook you would be on here giving your two cents!! Then Bermuda will know who is really stupid in real life!! Clearly school was not for everyone

      • nerema says:

        Interesting how you managed to get my avatar. Very interesting indeed. Like a lot of things I’ve noticed in the last couple of days.

        If you want to look at who is ‘ignorant and stupid’, it is anyone who thinks that one Bermudian is better than another based on race or ethnic origin. So that would be you, Caines, Burch, Burt, and anyone else who defends this kind of talk, including CURB.

        • Toodle-oo says:

          ~Interesting how you managed to get my avatar. Very interesting indeed. Like a lot of things I’ve noticed in the last couple of days.~

          Gotta say , that is mighty curious .
          I can think of two possible scenarios though .

      • Earth watch police says:

        Those two seem like racists along with anybody else in cabinet who doesn’t condemn this behaviour .

  6. Realist says:

    Minister Caines, you have become most unprofessional in your tirades. No need to continue shouting every time you feel passionate about something. And there’s no need for derogatory analogies for describing a respectable person like Mr. Ian Kawaley. An apology should have ben given forthright, not more elaboration on your points! Firstly, you should know having worked in the Government, that the Government Ministries and Departments have never been proactive about succession planning. It’s really a major culture shift to get that going. It is not a specific programme but a mindset that that we should always be actively training and providing opportunities to those working in the ranks to move up. Start with changing the mindsets of those very senior persons throughout Government, very comfortable but unaccountable in their positions and easily threatened by any bright star that wants to progress forward.

    • Paul says:

      Minister Caines, please stop shouting all the time….power has gone to your head.see if you can get your job back at Digicel !!!!I am sure they miss you.
      Premiere Burt,you need to rethink in who is in your cabinet….

      • Nerema2 says:

        @ Paul. Your another ignorant waste of existence. Internet troll. Your right they probably do miss him at Digicel. At least he is missed. I’m sure your miserable life does not involve being missed.

    • Me says:

      He shouts like he is a wanbee preacher man but the words out of his mouth not very Godly what a disappointment for Bermuda

  7. Cabbage Head says:

    Mr Burt I think it is time to review and reprimand some of your ministers both directly related to this.

    • Paul says:

      I think premier Burt, in due time will replace Caines and Burch.
      In my humble opinion I still think we have a Premier who care about all Bermudians, PLEASE can we stop the racist remarks…

      • Question says:

        No, Burt made excuses for Burch. He sees things the same way as Burch and Caines. They are all the same.

        This is what the PLP stands for. Anti-white, anti-foreigner, bigots. They think the only “real” Bermudians are black Bermudians. They feel there is nothing wrong with throwing in racist comments. Hence all the half-hearted ‘apologies’.

  8. carpe diem says:

    Wow.
    “This was not an attack on the individual, nor was my commentary based on the ethnicity of the incoming Chief Justice.”
    So what about Burch’s comments? Since Caines is making a point of saying he was not talking about Narinder Hargun’s ethnicity, is this a tacit admission that Burch was wrong?
    “It would be disappointing if at the end of his tenure in the highest post in our judiciary, our current Chief Justice’s remarkable legacy would end without a pathway laid for the next Bermudian Chief Justice to emerge.”
    Funny. Narinder Hargun is Bermudian, as was Austin Woods.

    • sandgrownan says:

      Wrong sort of Bermudian. And you know exactly what Caines means

  9. sandgrownan says:

    Too late, you outed yourself as a grubby, prejudiced politician. No amount of backtracking can change that.

    Same old PLP.

    • nerema says:

      Their comments are also and they are both out-and-out

    • Paul says:

      Caines, do the right thing and resigN YOU HAVE SHOWN YOUR TRUE COLOURS !!!!!!!!!

  10. Roma says:

    Mr. Caines your contradictory statements are unfortunate and your “clarification” disappoints. Why did you even speak that way in the first place? You can’t refer to a man as a thief in the night and later say you have the highest regard for him.

  11. puzzled says:

    Maybe one day he will be ‘famous’.
    Best of luck. And learn Chinese quick folks.

    • Hair says:

      Puzzled, maybe he should go on America’s got talent, they take any nationality. LOL

  12. Lol says:

    Caines I dont blame you for being mad. This whole blame the PLP for everything crap is past ridiculous and is the only glimmer of hope for the OBA and its minions. You had every right to be angry at the frivolous statements made by them because we ask why is it that this was not brought up 2 years ago when it was happening. Both Ms. Wheatley and the Chief Justice seem to be OBAUBP supporters. So the propaganda is real over there. Just a hint of advice caines just dont let emotions override your judgment because these trolls and racist media are going to scrutinize everything you and the PLP say and do while giving a pass to the OBAUBP for their failings……and for the trolls that are going to comment on my post u can kiss my behind. You all are proven liars just like your ObAUBP party that is about to be nonexistent in a few years….I love troll tears

    • puzzled says:

      Oh shut up you racist “lol”.
      Your either there or reaping profits.

      Namaste’

    • lol says:

      don’t care about the OBA… But I will point out that this government is doing a horrible job and seem extremely racist.

    • Happy says:

      How about a year and a half ago? You’ll notice the Chief Justice is criticizing Trevor Moniz for this.

      Chief Justice criticism prompts AG response” Jan 19, 2017

  13. simple says:

    is he economic minister or national security? looks to me he doing two jobs.

  14. Garcia says:

    The Chief Justice would run circles around you and your suits. You’ve always been a flash in the pants since your Digicel days.

    • frank says:

      maybe minister Caines should have spent some time on the back bench first
      this guy is a danger to the party

    • Paul says:

      who was his mentor… so where is doc Brown ?

  15. Bolt Action says:

    Too little, too late, Minister Caines. You’ve shown the world your bigotry & hate.

  16. All I see is talk says:

    I believe the decision of Acting Registrar and Chief Justice is fit for the circumstances the Courts are facing right now. There is not even a handful of staff working in the Supreme Court and applications and documents get filed daily. The staff should be commended through all of this taking on 3-5 administrative roles that is way above their pay grade.

    Mr. Caines, if you feel so passionate about this, Bermuda is only so big, Im sure your in the building and can arrange a meeting with the leaders we have now. Chief Justice is a very accommodating and fair man…lets talk it out. No need to rant.

  17. Alan says:

    Quite a bit of what Minister Caines says and does has the potential to eventually, probably sooner than later, come back and bite him right up his proverbial behind. The Premier will undoubtedly be rather relieved by such a turn – maybe he’s the one feeding him!

  18. Mrs Brady says:

    I used to have so much respect for this man. You live and learn. Very disappointed in him now.

  19. lol says:

    Both Cains and Burch are huge disappointments and embarrassments to this island. Hope they apologize for this blatant attack and racist remarks.

  20. Hmm says:

    It doesn’t take long for TRUE COLORS to show now does it.

  21. Ringmaster says:

    Two Ministers have spoken, and by collective responsibility they carry the voice of Cabinet. Unless and until the Premier publicly rebukes both, then their message is that of the collective PLP Government. Clearly then the PLP are not for all of Bermuda, nor for Bermuda, but just the Party.

  22. Paul says:

    Ok, I am tired of responding to comments… but I still think our Premier will listen and do the right thing .. let us give him some time to get rid of some of his hateful ministers.

  23. Lofl says:

    Mr.Burt it’s time for Burch to retire. It’s 2018 and that guy is still living as if it’s the 60s 70s! Mr Caines since you’ve become a politician youve acted very … COCKY! I think it’s time you humble yourself. #POLITRICKS

  24. Kathy Cervino says:

    “The comments were squarely and solely around this Chief Justice leaving without a clear plan of succession in place for Bermudians in both the Magistrate’s and Supreme Courts.”

    Hello, HARGUN IS Bermudian! Just because his skin isn’t your colour doesn’t mean he isn’t a citizen of this country! Bermudian is Bermudian! And the new Chief Justice is BERMUDIAN!

  25. Onion Roots says:

    I have enjoyed reading a number of these posts some on topic and others well purely humorous. There are two fundamental issues screaming from this article that always draw attention to one underlying theme – race. So, let’s consider the following:-

    How do we define who is Bermudian? Being born, bred and raised (and by that I refer specifically to your formative years nursery, primary and high school)

    Take one person. She married a Bermudian, remains married to the same Bermudian and has Bermudian children. If she in her capacity came to Bermuda as a nurse and contributed to the local medical profession and was a suitable candidate for a post tailored for a Bermudian – should she not be considered because of her origin of birth, despite having qualified as a Bermudian by way of marriage?

    Secondly – how do we define what type of legacy we leave behind? As once shared negative publicity is still publicity. The same could be said of legacy. if you leave behind a bad legacy, there is someone who will either pick up the mantle and continue down the same path or create a new mantle to reflect the greater good of man kind.

    Lastly, as the outgoing CJ, I am sure he focused on priorotizing what areas of the judicial process needed immediate reform, along with liaising with the AG and members of the legal community to ensure that Bermuda’s legacy (country that is) actually exists.

    The hiring of staff is an administrative process that relies heavily on the input of the Human Resources Department. The staffing issues are a government wide issue. This is a shared responsibility.

    Just my two cents.

  26. Warwick West says:

    HUGELY DISAPPOINTED in Mr. Caines….I thought he was sooooo much better than this behaviour in the HOA on Friday. What stinks also is these types of tirades are done under so called “parliamentary privilege” and the only one that benefits is the person speaking! Come on Mr. Caines, you are far better than this. Shame.

  27. curious says:

    What a pile of utter drivel. Wayne you should be ashamed of yourself. As you well know the CJ does NOT control the purse strings of the staff at the Courts – you (the PLP) do!!! To say otherwise means either you are ignorant of the facts (which I doubt) or you are deliberately telling mis truths to hide the real facts from the public (much more likely) – to top it off you call the CJ a “Coward” (I think todays SSM decision proves that also to be wrong) and a Thief in the Night. I suggest you try to acquire 1/10th of the intellect and guts of the CJ before you hide behind Parliamentary privilege and spout more drivel.

  28. just saying says:

    Very disappointed in Minister Caines’ rant…shouting..yes we can hear you and theres no need to shout, calm down! I was really shocked at his comment about older Magistrates sitting on the bench who are “past their sell by date”. How insulting to those who laid the path for younger generations. His choice of vocabulary was derogatory and insensitive at best. I guess he has no respect for seniors. In other countries people work well”past their sell by date” as politicians have dipped into the pension pot and theres no money for pensions. So before you take a pot shot at those senior Magistrates, dust down your cobwebs, have some humility as ou work for us, the tax payer

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