Prime Minister Perry Christie is left to fill another vacancy in the upper chamber of parliament now that PLP Senator Damian Gomez has resigned to become a justice of the Supreme Court.
The Bahama Journal confirmed his resignation on Monday and obtained a copy of his letter to the prime minister, which is dated August 28.
The resignation comes into effect on September 30.
Mr. Gomez, 44, told The Bahama Journal that the country has reached “a crisis point” in the efforts of successive governments to attract Bahamians to the bench.
“We just donﾒt have enough people on the bench to do what is required,” said the senator, whose uncle, Roger Gomez, is the chief magistrate. “I have decided to step forward at some sacrifice.”
He said he applied for one of the vacancies, which will be coming up in the new year, and “luckily” the Judicial and Legal Service Commission advised that he be appointed.
Justices of the Supreme Court, Registrars and Magistrates are appointed by the governor general acting on the advice of the Judicial and Legal Service Commission.
“Iﾒve accepted their position and as a consequence it would not be inappropriate for me to remain in the legislature,” said Mr. Gomez, who was called to the bar in 1988.
He added that resigning at this time would enable him to “sanitize” himself of all things political and sort out his professional matters before the courts so that he can take up his appointment sometime early next year.
Asked how important it is for the bench to be Bahamianized, Mr. Gomez said, “Itﾒs critical. We have a constitution that differs from the constitutions of many other countries, but is similar to many other countries. The consequence is that those of us who have practiced before the courts on a regular basis are better prepared as it were for the constitutional issues which arise from time to time.”
While saying that he was not attempting to knock any foreign judges, Mr. Gomez added that institutional memory is important for justice to be administered fairly and noted that some judges are just not knowledgeable about local decisions.
“The judge would just be unaware of the existence of a decision and in some cases that may be harmful to the constitutional rights of persons who are before the courts,” he said.
“We ought to be in a position, particularly with a bar of 800 lawyers and growing, to fill the ranks of our judiciary with Bahamian nationals.”
Mr. Gomez, who was the PLPﾒs candidate for North Eleuthera in the 2002 election, said he would totally remove himself from the political process although he plans to vote in the next general election. He said he will not be a card-carrying member of any political party, but he promised to remain the prime ministerﾒs friend.
In his resignation letter to Prime Minister Perry Christie, Mr. Gomez wrote, “We may well cross swords in our respective future responsibilities. Notwithstanding institutional conflict you may rest assured that I remain your friend through thick and thin.”
In accepting the constitutional separation that must come as a result of his new appointment, Mr. Gomez said he was resigning with “mixed emotions”.
There are at least two immediate vacancies on the bench, and he expressed optimism as he spoke about his soon to be new post with the Bahama Journal on Monday.
Justice Hugh Smallﾒs retirement becomes effective the end of this month. Justice Jeanne Thompson is about to reach the mandatory age of retirement in December, creating another vacancy on the bench.
There are presently 11 justices of the Supreme Court, including Justice Small. Eight of those judges are Bahamian. In addition to Justice Small, the other non-Bahamians are justices Faizool Mohammed and John Lyons.
Justices of the Supreme Court can serve until the age of 65 and, where agreed between the judge, the prime minister and the leader of the opposition, may serve until the age of 67.
Justices of the Court of Appeal can serve until the age of 68 and, where agreed between the judge, the prime minister and the leader of the opposition, may serve until the age of 70.
Mr. Gomez noted that in the next two years, both the Supreme Court and the Court of Appeal are going to be depleted of persons who have given good service to the country just because they are too old.
“We are just going to have a lot of vacancies and weﾒve reached the point where weﾒre going to have to address the issues of our courts,” said Mr. Gomez, who added that he would eventually be open to serving in the Court of Appeal if he is deemed to be a good justice.
He said his family is supportive and his late grandmother, Wealthy Gomez, who died recently, was “very anxious” for him to become a justice.
“Itﾒs what every lawyer should dream of doing,” said Mr. Gomez, who is the son of Anglican Archbishop Drexel Gomez.
Since making his senate appointments in 2002, the prime minister has had to fill two vacancies.
One was left by Edison Key, who blasted Mr. Christie when he resigned stirring up a whirlwind of controversy. The prime minister replaced him with the young Grand Bahamian, Caleb Outten.
Later, Senator Cyprianna McWeeney resigned to pursue personal endeavors. The prime minister appointed Dr. Bernard Nottage, the former CDR leader, to replace her.
It is not clear how soon Mr. Christie will fill the vacancy being left by Mr. Gomezﾒs departure from the senate.
By: Candia Dames, The Bahama Journal
