Acienveid Cars &
C.VAM attaches
keting the
kebena
menul.
Bo 13/57
DELE
12/7.
012/7
нки 1416
Reference
32)
STAFF IN CONFIDENCE
Miss Daw (Gibraltar & General Department, Room K 274A)
1.
Mr Rushford has discussed your minute with me together with his minute which I have marked A below. Mr Rushford's minute should go on the file.
2. I have amended your draft submission in two respects, first because Mr Rushford and I consider that Mr Trainor has certainly a greater claim than Mr Jackson-Lipkin and probably a greater claim than Ar Cons; secondly, we both doubt whether we should continue to carry forward the assessment of Mr Jacks on-Lipkin in paragraph 8.
3. With regard to Mr Trainor's curriculum vitae we both consider that the draft at flag D should stop at "heavier work load" and that the reference to the judge's relationships with the administration should quote in full Sir Jocelyn Bodilly's comment in the 1968 report. The curriculum vitae should, therefore, continue "In his confidential report for 1968, Sir Jocelyn Bodilly, the Chief Justice, included the following passage: "The New Hebrides is a difficult place. In my view Mr Justice Trainor does his best to co-operate so far as his judicial position permits of co-operation; but it is not always easy where the strictures of an unsatisfactory legal system are incompatible with the smooth advance of a practical administration. It is frequently not appreciated in the New Hebrides, as of course sometimes elsewhere, that it is a judge's inescapable duty to administer the law as he finds it and not as the executive arm of government, or indeed himself, might like it to be. Minor friction between the judge and the administration has arisen from time to time. It is not surprising in the circumstances of the Condominium. I do not think, without attaching any blame to the judge, that any judge could be expected to escape wholly unscathed."" We should also add at the end of the curriculum vitae the following sentence: "Mr Trainor made a good impression on Sir Vincent Evans when he called upon the latter recently."
4. When Mr Wilford writes to the Governor it might not be unhelpful if he were to draw the Governor's attention to the retiring dates of the present members of the High Court and of the present three candidates (these are noted in the paper attached to Mr Rushford's minute at A and the point made about having a reasonable turnover on the High Court bench.
5. In discussing this matter Mr Rushford thought that his original draft of the reply to the petition from the district judges should not now contain the passage, which I have put in square brackets, concerning increases in career prospects. This would have a very hollow ring if the next two appointments were Mr Trainor and Mr Jackson- Lipkin.
11 July 1972
PR N Fifoot Legal Counsellor 44/3 B 1177
DD 897152 154596 500M 2/72 GM_3643/2
STAFF
I CONFIDENCE