Speech by the Hon. Attorney General Rhondalee Braithwaite Knowles OBE QC at the Special (Valedictory) Sitting of the Court of Appeal in honour of the retirement of the President of the Court of Appeal the Hon. Justice Sir Elliott Mottley KCMG, Q.C., LL.D

Attorney General's Chambers

Speech by the Hon. Attorney General Rhondalee Braithwaite Knowles OBE QC at the Special (Valedictory) Sitting of the Court of Appeal in honour of the retirement of the President of the Court of Appeal the Hon. Justice Sir Elliott Mottley KCMG, Q.C., LL.D

May it please you my Lord President of the Court of Appeal.

My Lord, with your leave, I recognize my Lady the Hon. Chief Justice of the Turks and Caicos Islands and wish to accept the protocol recognised by her in her speech.

My Lord, it is right and proper for a grateful nation to take the time to reflect on your the long and distinguished legal contribution to our Islands and to our Region. In this regard, I welcome and support the remarks made by our Honourable Premier this morning in her speech.

It is noteworthy My Lord that you have served no less than three of our sister Overseas Territories in Bermuda and Cayman along with our islands at the appellate level of the court and at critical times in the development of all of our jurisdictions; delivering landmark judgments across the Overseas Territories; and throughout the Region, having also served in the Courts of Appeal in Barbados and Belize as well. All of these appointments point to a strong and long legacy of enviable regional service which can be claimed by only a very few attorneys in our Region.

On the announcement of the 1999 White Paper Partnership for Progress and Prosperity: Britain and the Overseas Territories, it was said that –

“To ensure development is sustainable, we need to make sure that the basic pillars are in place.

These pillars were identified in the White Paper.

They are: good governance, including the rule of law; protection of the natural environment; and human rights.

Without this firm underpinning, sustainable development will not be achieved.”

My Lord, these words reveal the truth of the matter. We are products of a real struggle for economic growth and social development here in the Turks and Caicos Islands and also in the context of the wider Caribbean community. There is still the reality of continuing growth, of incompletion, of a continuing reach for an economic, social, cultural and fully developed conclusion by global standards even as Sister States and territories strive for greater integration and urgent cooperation, not only here in this region but around the world.

Each nation on its own is struggling to survive the debilitating forces of comity, of poverty and of social and economic divisiveness, in that struggle each country stands in urgent need of the input, the talent and the specifically disciplined capabilities of each of its citizens particularly its qualified youth who are trained to understand and to tackle and to conquer the challenges of this century.

This reality means that key stakeholders play central roles in achieving sustainable development in our beloved country. A key stakeholder is without doubt the Court of Appeal. As recognised by the former Chief Justice of these Islands My Lady Justice Ramsey Hale during the opening of the Legal Year in January and now repeated by our Governor His Excellency Nigel Dakin in his speech this morning - without a transparent, efficient and effective judiciary, willing to tackle some of the most challenging issues faced by our communities, the desired economic reality will not be achieved.

My Lord, your achievements over the past 17 years of judicial service in these islands are important steps toward making your contribution to the development of our country and are worthy of being honoured here today.

Over the 17 years of my Lord Justice Mottley’s tenure, the Turks and Caicos Islands Court of Appeal and the islands as a whole have benefited from your wit, insight, erudition and wisdom. The recitation of some of the landmark judgements cited by My Lady the Hon. Chief Justice Agyemang in her speech are but a few of the judgments that will ensure that the influence of my Lord Justice Mottley will long be felt in the continuing development of these Islands. It is noteworthy that in my Lord’s valedictory judgment after such a long and illustrious career spanning no less than 59 years, would be a guiding light into the modern era in that it establishes the precedent that the court should perform its functions and provides its services in a manner that ensures justice is done using the available technology or whatever tools are available to ensure the good and proper administration of justice and fairness are maintained in the public interest. 

Those of us who had the privilege to appear before you my Lord, over the years will fondly remember your good humour and patience and sometimes, impatience with our submissions. I can recall my first fumbly appearance before you in the Court of Appeal and your patient and wise guidance which have made a valuable contribution to the ongoing development of my own legal career. My Lord has certainly shaped the jurisprudential landscape of the Turks and Caicos Islands through your judgements but also for many of us at the Bar through your exemplary legal service. I feel a personal connection with him as my father is also from Barbados and upon learning of the retirement of Justice Mottley made a point of asking me to mention his good wishes.

My Lord, may I personally thank you for your contribution to these Turks and Caicos Islands and for your stellar service over our entire Region as detailed by Hon. Mr Justice Barnett, Chair of the Judicial Service Commission and by His Excellency the Governor Nigel Dakin in their speeches this morning. I want to thank you my Lord for your personal encouragement and wisdom and kindness shown to me in this office and as a member of the Bar. My Lord, I wish to thank, through you, your lovely wife Amor and your family for their sacrifice in giving you the necessary support to enable you to make such an outstanding commitment to these islands over the years.

Although we are marking your retirement my Lord, as one of our justices of appeal and as President, I understand that you will continue to be actively in private practice in Barbados and we therefore look forward to the rest of the story and to continued collaboration. As they say in the movies, to be continued.

May God bless you my Lord.

May it so please the Court.

Rhondalee Braithwaite-Knowles, OBE QC

Hon. Attorney General

7th December 2020