IN CONFIDENCE
judicial and administrative matters.
He is equally competent
in criminal and civil law, a fast and accurate worker who, measured by ability, is the outstanding candidate. However, he is believed not to be popular with the Bar (but for reasons which do him no discredit) and he has the reputation of "leaning somewhat towards the prosecution and severe penaltics".
5. There are no other local candidates deserving of consideration at this stage, although the Governor has mentioned the claims of Mr. D. T. E. Roberts, the Attorney General, who in his view would make a good Chief Justice but at 46 years of age should wait a few years before being elevated.
6. Against this background the Governor has come down in favour of Sir Ivo Rigby. He does not believe that the margin of preference in favour of Mr. Justice Blair-Kerr is sufficient to justify overlooking the claims of the senior judge or "the tension, ill-feeling and criticism that would follow the former's appoint-
Both judges will be 58 years of age this year and will have no more than four years in office before reaching the retire- ment age of 62.
ment.
7. A minute by the Legal Adviser (Sir James McPetrie) is attached in which he reviews the careers and merits of Sir Ivo Rigby and Mr. Justice Blair-Kerr, drawing on their Annual Confidential Reports (which will be available for reference at the meeting) and concluding that on merit the latter is the outstanding candidate. In this minute (paragraph 7) Sir James McPetrie draws attention to the main factors that we shall need to consider in
our discussions with the Governor.
By
8. There is one other matter that might be considered. virtue of being the "Senior Puisne Judge" Sir Ivo Rigby might be regarded in some quarters as having a built-in claim to preferment. More than ten years ago the disadvantages of fixing the hierarchical structure of the judiciary too rigidly by making these "Senior Puisne Judge" appointments were, foreseen. Sir Ivo Rigby's elevation would provide the opportunity to dispense with this appointment. The Governor has said that, in the event of
Sir Ivo Rigby's appointment as Chief Justice, he would recommend
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IN CONFIDENCE