Derek Schofield
Encyclopedia
The Hon Mr Justice Derek Schofield, born 1945, commenced his legal career in 1961 when he was appointed assistant in the office of the clerk of the court in Lancashire
. He was called to the bar in 1970, at Grays Inn.
He has served as the Senior Judge in the Cayman Islands
, and a high court judge in Kenya
.
In 1996 he was appointed the current Chief Justice of Gibraltar
of the Supreme Court of Gibraltar
and has been suspended for the best part of 2 years. A Tribunal of inquiry was held in Gibraltar, estimated to have cost some £2million., which submitted a report to the Governor of Gibraltar, who referred the matter to the Judicial Committee of the Privy Council. This held hearings in London between the 15 and 18 June 2009 to consider the question of his removal as Chief Justice of Gibraltar due to misbehaviour and inability.
He is married to human rights
lawyer Anne Schofield, and has two children.
He is known for his strong support of human rights and the independence of the judiciary which led him to resign as high court judge and leave Kenya
with his family in 1987 when he refused to be influenced by strong political interference in a case.
During his term as Chief Justice of the Supreme Court of Gibraltar, he made several significant decisions, including the ruling that it is unconstitutional for jury service to be compulsory only for men. The decision was reversed on appeal and then went to the Privy Council, who overturned the Gibraltar Government objection of equality for women in jury service.
There were also a number of controversies over his conduct, which led to his suspension and subsequent removal from office.
, he had been involved in high profile disputes that he has actively pursued with Chief Minister
Peter Caruana
. The Tribunal of Inquiry, appointed by the Governor to look into whether his appointment should be referred to the Privy Council, reported that they found that Chief Justice Schofield misbehaved in his pursuit of these disputes and was unable to perform the duties of Chief Justice of Gibraltar.
Chief Justice Schofield has been publicly critical of the Judicial Reforms introduced by the UK Government and Gibraltar Social Democrats
administration through the new Constitution of Gibraltar
and the Judicial Services Act. These criticisms centred on the replacement of the Chief Justice by the President of the Court of Appeal as Head of the Judiciary and the creation of a Judicial Services Commission to oversee the judiciary, which he has claimed, in the face of much learned opposition, can be controlled too easily by the Executive and in his view posed a threat to judicial independence. This stance has been heavily criticised by the Tribunal report.
After the introduction of the new Constitution by the UK Government followed by the enactment of the Judicial Services Act, Chief Justice Schofield launched a Judicial Review into the changes. He subsequently withdrew this Judicial Review. A large costs order was made against him consequently by the very Court over which he presided over until his suspension. He has paid these costs.
The Tribunal report is critical of Chief Justice Schofield for having taken this Judicial Review. He purported to have cancelled the Ceremonial Opening of the Legal Year (for which he is also criticised by the Tribunal report) without success as it was held by the newly appointed Head of the Judiciary. The dispute escalated further to involve leading members of the Gibraltar legal profession who intended proposing a vote of no confidence in the Chief Justice. The motion was never put and instead a complaint was made to the Governor.
This complaint led to the Governor appointing the Tribunal to inquire into his removal for inability and misbehaviour. The Tribunal delivered a report suggesting there were grounds for his removal. Chief Justice Schofield was represented at the Tribunal hearings by Edward Fitzgerald QC
, the Tribunal by Tim Otty QC, the Government by James Eadie QC and the Gibraltar lawyers who complained by Antony White QC with Robert Vasquez, a partner of Triay & Triay, lawyers in Gibraltar.
Anne Schofield instructed a local barrister Charles Gomez
to launch a libel lawsuit against Bar Association Chairman James Neish for making allegedly defamatory statements. Charles Gomez, having earlier ended his representation of her, she subsequently withdrew this lawsuit and now faces paying a substantial costs order made against her by the Supreme Court. This led to a bankruptcy notice issued against her, but proceedings have not commenced.
Mrs Schofield has petitioned the European Court alleging breeches of her right to a fair trial and discrimination. Mrs Schofield has to pay £45,000 in costs after the Privy Council declined an application from her to appeal. In a statement she still alleges that the judge who heard her case Sir Michael Turner, should have recused himself because of what she claims are interests that could make him partial.
Alfred A. Vasquez Q.C., also a partner of Triay & Triay, represented both the Government of Gibraltar to oppose the Chief Justice's Judicial Review and James Neish in Mrs Schofield's defamation action.
On 17 September 2007 Schofield was suspended on full pay pending the inquiry into his removal from office. It has been reported that at one earlier moment in time he was offered full remuneration until his retirement in return for his resignation, but that he declined this offer.
document repository site http://www.gibraltarchronicle.eu.
There are mixed views over the report of the tribunal, which it is claimed went further than its mandate and made a string of assumptions which it is claimed "show how little grasp of the local social and political situation the three judges actually had."
On 18 November 2008 the Governor of Gibraltar
released a statement that he had referred the case to the Judicial Committee of the Privy Council
.
In June 2009 of the Privy Council considered the matter. The Governor was represented by Tim Otty QC, the Government of Gibraltar by James Eady QC, the Gibraltar lawyers who complained appeared as litigants in person, by Robert Vasquez of Triay & Triay, lawyers in Gibraltar. Chief Justice Schofield was represented by the Hon Michael Beloff
QC from Blackstone Chambers
and Paul Stanley from Essex Court Chambers
and briefed by Mr Charles Gomez from Gibraltar.
On 12 November 2009 the Privy Council judgement was released in which by a 4:3 majority they supported the removal of the Chief Justice from office.
"Acting on the advice received from the Judicial Service Commission, HE The Governor, Sir Adrian Johns, has today carried out the removal by means of dismissal of Mr Justice Schofield from the office of Chief Justice."
Lancashire
Lancashire is a non-metropolitan county of historic origin in the North West of England. It takes its name from the city of Lancaster, and is sometimes known as the County of Lancaster. Although Lancaster is still considered to be the county town, Lancashire County Council is based in Preston...
. He was called to the bar in 1970, at Grays Inn.
He has served as the Senior Judge in the Cayman Islands
Cayman Islands
The Cayman Islands is a British Overseas Territory and overseas territory of the European Union located in the western Caribbean Sea. The territory comprises the three islands of Grand Cayman, Cayman Brac, and Little Cayman, located south of Cuba and northwest of Jamaica...
, and a high court judge in Kenya
Kenya
Kenya , officially known as the Republic of Kenya, is a country in East Africa that lies on the equator, with the Indian Ocean to its south-east...
.
In 1996 he was appointed the current Chief Justice of Gibraltar
Chief Justice of Gibraltar
The Chief Justice of the Supreme Court of Gibraltar is one of the two judges who make up the supreme court of Gibraltar. Previously the Chief Justice was appointed by the Governor of Gibraltar on the advice of the British Foreign and Commonwealth Office...
of the Supreme Court of Gibraltar
Court system of Gibraltar
The Court system of Gibraltar is made up as follows:-Privy Council:The Judicial Committee of the Privy Council in London is the highest Court of Appeal for Gibraltar and hears appeals from the Gibraltar Court of Appeal.-Court of Appeal:...
and has been suspended for the best part of 2 years. A Tribunal of inquiry was held in Gibraltar, estimated to have cost some £2million., which submitted a report to the Governor of Gibraltar, who referred the matter to the Judicial Committee of the Privy Council. This held hearings in London between the 15 and 18 June 2009 to consider the question of his removal as Chief Justice of Gibraltar due to misbehaviour and inability.
He is married to human rights
Human rights
Human rights are "commonly understood as inalienable fundamental rights to which a person is inherently entitled simply because she or he is a human being." Human rights are thus conceived as universal and egalitarian . These rights may exist as natural rights or as legal rights, in both national...
lawyer Anne Schofield, and has two children.
He is known for his strong support of human rights and the independence of the judiciary which led him to resign as high court judge and leave Kenya
Kenya
Kenya , officially known as the Republic of Kenya, is a country in East Africa that lies on the equator, with the Indian Ocean to its south-east...
with his family in 1987 when he refused to be influenced by strong political interference in a case.
During his term as Chief Justice of the Supreme Court of Gibraltar, he made several significant decisions, including the ruling that it is unconstitutional for jury service to be compulsory only for men. The decision was reversed on appeal and then went to the Privy Council, who overturned the Gibraltar Government objection of equality for women in jury service.
There were also a number of controversies over his conduct, which led to his suspension and subsequent removal from office.
Controversies
Since his appointment as Chief Justice of GibraltarGibraltar
Gibraltar is a British overseas territory located on the southern end of the Iberian Peninsula at the entrance of the Mediterranean. A peninsula with an area of , it has a northern border with Andalusia, Spain. The Rock of Gibraltar is the major landmark of the region...
, he had been involved in high profile disputes that he has actively pursued with Chief Minister
Chief Minister of Gibraltar
The Chief Minister of Gibraltar is the leader of the largest party elected to the Gibraltar Parliament, and is formally appointed by the Governor of Gibraltar, representative of the British Crown.-List of Chief Ministers:...
Peter Caruana
Peter Caruana
Peter Richard Caruana, QC is a Gibraltarian politician, and has been Chief Minister of Gibraltar since 1996, when his party, the Gibraltar Social Democrats , first came to power. His party was re-elected to office in 2000, 2003 and 2007...
. The Tribunal of Inquiry, appointed by the Governor to look into whether his appointment should be referred to the Privy Council, reported that they found that Chief Justice Schofield misbehaved in his pursuit of these disputes and was unable to perform the duties of Chief Justice of Gibraltar.
Chief Justice Schofield has been publicly critical of the Judicial Reforms introduced by the UK Government and Gibraltar Social Democrats
Gibraltar Social Democrats
The Gibraltar Social Democrats, abbreviated to GSD, is a centre-right political party in Gibraltar.Their current leader is Peter Caruana, the Chief Minister of Gibraltar. The GSD has been the governing party in Gibraltar since 1996.-History:...
administration through the new Constitution of Gibraltar
Gibraltar Constitution Order 1969
The Gibraltar Constitution Order 1969 was published on 30 May 1969 as an Order in Council.The constitution was the outcome of the Constitutional Conference chaired by Malcolm Shepherd, 2nd Baron Shepherd which lasted from July 16 1968 to July 24...
and the Judicial Services Act. These criticisms centred on the replacement of the Chief Justice by the President of the Court of Appeal as Head of the Judiciary and the creation of a Judicial Services Commission to oversee the judiciary, which he has claimed, in the face of much learned opposition, can be controlled too easily by the Executive and in his view posed a threat to judicial independence. This stance has been heavily criticised by the Tribunal report.
After the introduction of the new Constitution by the UK Government followed by the enactment of the Judicial Services Act, Chief Justice Schofield launched a Judicial Review into the changes. He subsequently withdrew this Judicial Review. A large costs order was made against him consequently by the very Court over which he presided over until his suspension. He has paid these costs.
The Tribunal report is critical of Chief Justice Schofield for having taken this Judicial Review. He purported to have cancelled the Ceremonial Opening of the Legal Year (for which he is also criticised by the Tribunal report) without success as it was held by the newly appointed Head of the Judiciary. The dispute escalated further to involve leading members of the Gibraltar legal profession who intended proposing a vote of no confidence in the Chief Justice. The motion was never put and instead a complaint was made to the Governor.
This complaint led to the Governor appointing the Tribunal to inquire into his removal for inability and misbehaviour. The Tribunal delivered a report suggesting there were grounds for his removal. Chief Justice Schofield was represented at the Tribunal hearings by Edward Fitzgerald QC
Edward Fitzgerald (barrister)
Edward Hamilton Fitzgerald QC CBE is an English barrister who specialises in criminal law, public law, and international human rights law. His work against the death penalty has led him to represent despised criminals such as: Myra Hindley, a perpetrator in the Moors murders; Mary Bell, a child...
, the Tribunal by Tim Otty QC, the Government by James Eadie QC and the Gibraltar lawyers who complained by Antony White QC with Robert Vasquez, a partner of Triay & Triay, lawyers in Gibraltar.
Anne Schofield instructed a local barrister Charles Gomez
Charles Gomez
Charles A. Gomez LL.B. of counsel is a Gibraltarian lawyer and one time politician, and founder of the right of centre New Gibraltar Democracy Party...
to launch a libel lawsuit against Bar Association Chairman James Neish for making allegedly defamatory statements. Charles Gomez, having earlier ended his representation of her, she subsequently withdrew this lawsuit and now faces paying a substantial costs order made against her by the Supreme Court. This led to a bankruptcy notice issued against her, but proceedings have not commenced.
Mrs Schofield has petitioned the European Court alleging breeches of her right to a fair trial and discrimination. Mrs Schofield has to pay £45,000 in costs after the Privy Council declined an application from her to appeal. In a statement she still alleges that the judge who heard her case Sir Michael Turner, should have recused himself because of what she claims are interests that could make him partial.
Alfred A. Vasquez Q.C., also a partner of Triay & Triay, represented both the Government of Gibraltar to oppose the Chief Justice's Judicial Review and James Neish in Mrs Schofield's defamation action.
On 17 September 2007 Schofield was suspended on full pay pending the inquiry into his removal from office. It has been reported that at one earlier moment in time he was offered full remuneration until his retirement in return for his resignation, but that he declined this offer.
Tribunal
A tribunal was convened in Gibraltar, chaired by Lord Cullen with Sir Peter Gibson and Sir Jonathan Parker, to determine whether to refer his appointment to the Privy Council. The full Inquiry report, which recommended that his appointment should be reviewed, along with the daily transcript and other documents regarding the dispute is available from the Gibraltar ChronicleGibraltar Chronicle
The Gibraltar Chronicle is a national newspaper published in Gibraltar since 1801. It became a daily in 1821. It is Gibraltar's oldest established daily newspaper and the world's second oldest English language newspaper to have been in print continuously...
document repository site http://www.gibraltarchronicle.eu.
There are mixed views over the report of the tribunal, which it is claimed went further than its mandate and made a string of assumptions which it is claimed "show how little grasp of the local social and political situation the three judges actually had."
On 18 November 2008 the Governor of Gibraltar
Governor of Gibraltar
The Governor and Commander-in-Chief of Gibraltar is the representative of the British monarch in the British overseas territory of Gibraltar. The Governor is appointed by the British Monarch on the advice of the British Government...
released a statement that he had referred the case to the Judicial Committee of the Privy Council
Judicial Committee of the Privy Council
The Judicial Committee of the Privy Council is one of the highest courts in the United Kingdom. Established by the Judicial Committee Act 1833 to hear appeals formerly heard by the King in Council The Judicial Committee of the Privy Council (JCPC) is one of the highest courts in the United...
.
Privy Council
The Privy Council cancelled the original hearing of this matter which was scheduled for the 27–29 January 2009.In June 2009 of the Privy Council considered the matter. The Governor was represented by Tim Otty QC, the Government of Gibraltar by James Eady QC, the Gibraltar lawyers who complained appeared as litigants in person, by Robert Vasquez of Triay & Triay, lawyers in Gibraltar. Chief Justice Schofield was represented by the Hon Michael Beloff
Michael Beloff
The Honourable Michael Jacob Beloff QC is a prominent English barrister. His adoption of the title or style "The Honourable" is a consequence of his father Max Beloff, Baron Beloff, having been awarded a life peerage in 1981...
QC from Blackstone Chambers
Blackstone Chambers
Blackstone Chambers is a leading set of barristers chambers in the Temple district of central London. Established in the 1950s, it has 85 tenants, of whom 34 are Silks...
and Paul Stanley from Essex Court Chambers
Essex Court Chambers
Essex Court Chambers is a leading set of commerclal barristers in Lincoln's Inn Fields, central London. The set is named after their former premises at 4 Essex Court in the Temple. It has 71 tenants, of whom 35 are Silks. With a turnover of £43.6 million, it is part of the Magic Circle and offers...
and briefed by Mr Charles Gomez from Gibraltar.
On 12 November 2009 the Privy Council judgement was released in which by a 4:3 majority they supported the removal of the Chief Justice from office.
Removal from office
On 17 November 2009 the following notice was issued:"Acting on the advice received from the Judicial Service Commission, HE The Governor, Sir Adrian Johns, has today carried out the removal by means of dismissal of Mr Justice Schofield from the office of Chief Justice."
External links
- http://www.ms.dk/sw7671.asp
- International Commission of Jurists - Attacks on justice 2002 - Gibraltar
- Vox "Bar Wars Aggravated by Caruana Publication of Contentious Legal Reforms" (May 2007)
- Vox - "Schofield Drops Call for Review" (December 2007)
- Vox - Experts Vindicate Schofield’s Constitution Doubts (November 2006)
- Vox - Schofield Stirs Up A Storm (August 2006)
- Panorama - Police to Investigate Phone Tapping Claims at Home of Chief Justice (May 2000)
- The Nation (Nairobi) - "Ex-Kenyan Judge Gets More Support" (November 2007)
- Vox - "A Further Step on the Slippery Slope to Dictatorship?" (February 2007)
- Gibraltar Chronicle - Transcripts of Tribunal Proceedings
- Daily Nation (Nairobi) - Judge Schofield fights on for the cause of justice (October 2008)