ALL cases before the courts will “proceed as usual” while a Royal Commission of Inquiry (RCI) conducts its hearing on allegations of mass corruption at the highest levels of the judiciary, said Attorney-General Tommy Thomas. 

Thomas said in a statement today that all cases at all superior and subordinate courts will continue to be heard and determined by them, and any request for the postponement of any case must be made by a party to the relevant court as per the usual way. 

“It would be a normal exercise of judicial function for a judge to decide whether any postponement should be refused or granted. The establishment of an RCI does not mean that an automatic or blanket postponement of all cases would follow,” he said, adding that today’s statement was to clarify questions raised on all proceedings pending before the courts. 

Thomas said the country has had RCIs into the judiciary before: “It bears reminding that the current scrutiny into the judicial arm of the government is not the first in our history.” 

In 1988, two tribunals were set up under Article 125 of the federal constitution to look into allegations of judicial misconduct against six Supreme Court judges. In 2007, an RCI into the V.K. Lingam video clip matter was established to probe into allegations of intervention in the judicial appointment process by some judges. 

“In all these precedents, the ordinary business in all the courts proceeded as usual and no adjournment was entertained by the courts. Litigants are entitled to have their cases heard and determined in courts. Judges and lawyers owe a duty to ensure that the administration of justice is not interrupted.

“To suggest that court proceedings and the administration of justice should be put on hold pending the completion of the enquiry by the RCI is without any factual or legal basis.”

Thomas said as the RCI will be established shortly and begin deliberations, “it is hoped that public speculation on this matter will cease now”. 

“The RCI must be permitted to discharge its important duties in a calm and measured way.” – February 21, 2019.