Retiring President of the Senate Sir Richard Cheltenham has cleared the air over widespread speculation that he will be Barbados’ next Chief Justice.
Sir Richard said this evening he was not eligible.
On Wednesday, August 5 when Sir Richard shocked his fellow lawmakers in the Senate by announcing his retirement from the Upper Chamber of Parliament, speculation emerged suggesting he may be in line for elevation to the judiciary in an acting appointment.
But the prominent legal luminary, who said he has so far received more than a dozen telephone calls congratulating him, told Barbados TODAY he was not eligible to take up the Chief Justice position due to his age.
“I am ineligible by virtue of my age. These things should be known by John Public because I have had about 15 calls of people saying ‘hey boy, you moving to the Chief Justice job.’ I said ‘man no, I too old for that.’ At my age I can’t be any Chief Justice. I am 79 years on the 20th December coming,” the former Cabinet Minister declared.
Citing Section 84 (1) of the Constitution of Barbados that deals with the tenure of judges, Sir Richard read in part: “Subject to the following provisions of this section, a person holding the office of a judge will vacate the office when he attains: In the case of a judge of the High Court, other than the Chief Justice, the age of 65. And in the case of the Chief Justice and Justices of Appeal the age of 70 years.”
He further explained that the Governor General may permit a judge of the High Court, other than the Chief Justice who has attained the age of 65 or the Justices of Appeal or the Chief Justice who have attained the age of 70 years to continue in office.
Referencing the Constitution, Sir Richard pointed out that with respect to a judge that extension is limited to 67 and for the Justices of Appeal and the Chief Justice, 72.
However, he also explained that even where a judge has resigned or retired, he can still return to the bench solely for the purpose of delivering a judgment in proceeding which had started before retirement age or resignation.
“So at my age, I am outside of consideration. Suppose I was begging for consideration, it would not matter…the Constitution precludes people like me at my age,” he stated.
Sir Richard, who took up the Presidency of the Senate on June 5, 2018 with the new Parliament, said his retirement would be effective on August 30 – just as he adjourned the Senate “sine die” (indefinitely) to accommodate Parliament’s mid-year break.
He told the senators his decision was based on “earlier” developments “about which you will hear later”.
Sir Richard’s departure from the Senate comes as the Government failed to secure the two-thirds majority needed to pass the Integrity in Public Life Bill through the Senate as four lawmakers were absent for the vote and two abstained.
He told the Chamber: “Please let me indicate that there have been developments earlier today, about which you will hear later, which now compel me to make this statement which I will now do. This is the last session of the Senate before its prorogation and I consider it the appropriate time to indicate that effective August 30 I shall be retiring from the Senate. It has been a great privilege and an immense honour serving as President.”
Sir Richard served in five different ministries in BLP administrations and was a Member of Parliament for 23 years. He served under three prime ministers, beginning with Tom Adams.
Highly-respected in the legal profession, Sir Richard has practised in most jurisdictions of the Eastern Caribbean and has argued cases before the Privy Council in London. He is an acknowledged specialist in the area of Commissions of Inquiry.
emmanueljoseph@barbadostoday.bb
