SPEECH FOR JUSTICE SIMONS
Protocol
My Lords, The Honourable Mr. Justice Carlos Wilbert Simons OBE Queen’s Counsel does not want a display of judicial pomp as we seek to mark his departure from the Bench with the befitting honour of a special sitting. That is the reason for the lack of robes which customarily would be worn on such an auspicious occasion.
In the spirit of his request to keep it low profile, I will keep my remarks to the barest minimum and will not speak at length of his accomplishments or his stature, which in any event, is well known to all in the legal and public service sector of these islands. Even so, I will be remiss in my duty if I did not at least describe his notable contribution to public service in these islands which includes his service as a member of this country’s Bench.
The Honourable Mr. Justice Carlos Wilbert Simons, OBE, Queen’s Counsel, is a son of the TCI and hails from the island of Salt Cay. He was admitted as Attorney of the TCI Supreme Court in January 1984, and took Silk in the Turks and Caicos Islands in January 2002, – a recognition of his leadership in the legal profession in these Islands.
Mr Justice Simons QC has served as a member of the House of Assembly, and is the current Chairman of the Public Service Commission. For his public spirit and all that he has given to these islands, he was in June 2002, recognised with an appointment as an Officer of the Order of the British Empire (OBE).
It is not surprising then, that the learned judge’s service extended to judicial work on the two occasions he was approached to offer his services.
On the first occasion, Mr. Justice Simons QC accepted to sit as an Acting Judge of this court for one (1) month, handling the Family, Civil and Commercial docket in the month of March 2020. This was the month immediately prior to my appointment. After I assumed my duties which included handling the said docket, Mr. Justice Simons QC bowed out honourably, but without ceremony.
About a year later, when after the sudden passing of Justice Harrison, it became necessary for me to take up the conduct of the SIPT trial, Mr. Justice Simons once again rose to the occasion and accepted without hesitation when he was approached, to serve the Judiciary, handling the Family, Civil and Commercial jurisdictions of the court. This time, it was for a period of one year. Thus was he appointed one year ago, on 31 March 2021.
The significance of Justice Simons’ appointment, and his service on this country’s Bench cannot be downplayed, for he is a pioneer of judicial appointment to the Supreme Court Bench, being the first citizen of the Turks and Caicos Islands to ascend to the Bench from its Inner Bar. That he has become a historic figure cannot therefore be denied.
In the one year of service, the learned judge delivered a number of judgments and rulings, notable among which is the Consolidated judgment in CL 86/2019 In the Matter of Tim Prudhoe as Liquidator of Regent Grand Ltd; and CL 8/2021 Kajeepan and others v. Director of Immigration, Derek Been and others in which he dealt with an application for the court sanction of a contingent/conditional fee arrangement in these islands. His judgment has definitely shown the way forward in that discussion, in the light of public policy and access to justice in these islands, and may result in a definitive pronouncement of general application on the matter.
The Honourable Mr. Justice Simons QC bows out of his service on Thursday 31st March 2022, with honour, and the gratitude of the Chief Justice, the entire Judiciary, and the Turks and Caicos Islands.
I now address you Sir:
May I, take this opportunity to assure you of my highest regard for taking on the challenge to sit on the Bench which is a heavy weight to bear, at very short notice. The weight of responsibility when one is called upon to sit over society of which one is a part, to adjudicate on matters that affect the rights and even liberty of persons without fear or favour, affection or ill-will, is impossible to describe without recourse to emotive words.
So I thank you for accepting not once, but two times, to do it, and for applying yourself to it.
That you left your area of comfort as a civil judge, to conduct a jury trial – due to an exigent circumstance, is testament not only to your resilience, but also your desire to do your best in every situation, and to be worthy of the trust reposed in you by your appointment.
These are the reasons why we had to place on record at a special sitting, what your contribution has meant to the Judiciary and to the Turks and Caicos Islands.
I wish you well.
I have no doubt that in the capacity of a private experienced civil and commercial law practitioner with some experience on the Bench, you will continue to contribute to the growth of this country’s jurisprudence.
I have little doubt also, that you will join hands with the Judiciary to assist with our continuing judicial education programme when the need arises.
I thank you Mr. Justice Simons QC, so very much, for your service.
I trust that my little speech has met with your approval as being sufficiently low-key, as not being ‘over the top’ as you put it.
I thank all participants for being a part of this ceremony.
AGYEMANG CJ
29/3/22
