but the
One rarely finds a candidate who is equally strong in all respects; criticisms in the 1969 report on Sir Ivo Rigby raise doubts about his suitability under all four heads. As regards professional ability he is said to be "Good in criminal matters". Earlier reports had said "Very good" without qualification, so the present report clearly implies that he could not be described as good in civil matters. See, too, the comment under "General
remarks" where it is said that in things that do not interest him, which lie mainly on the civil side, "his contribution tends to be small". Furthermore, his decisions during the last year are said to have "faired less well on appeal than might reasonably be expected from a judge of his experience" in short, it has too often been necessary to reverse his judgments. As regards good
judgment it is said that he "can sometimes form views of a strength that
endangers the striking of a fair balance". In a judicial context this seems to suggest that Sir Ivo might adopt an unjudicial attitude which could affect his
ultimate decision. He is said to be less interested in Administration than in
judicial matters and to have little flair for it. As regards relations with
his colleagues and the public it is said that relations with some colleagues "tend to be strained". His relations with the public are described as "Good
on the whole" - the qualification seems significant as earlier reports describe Sir Ivo's relations with the public as "very good" or "good". It will be observed, too, that under "General remarks" in the 1969 report the Chief Justice says that Sir Ivo's tendency to be temperamental and difficult at times has told on his stature in the judiciary as a whole "and, I believe, to some
extent elsewhere".
These are the comments of a Chief Justice who, in my experience, is
scrupulously fair in his reports and takes great care not to over-state any
criticism he feels obliged to make. He concludes by describing Sir Ivo as probably better suited to a court of appeal than to be a Chief Justice, a view he has expressed in all the reports from 1965. To suggest for appellate work a judge who is considered weak on the civil side is rather odd, but at any rate it is evident that the Chief Justice has doubts about Sir Ivò's suitability as
a Chief Justice.
3. The Governor's assessment
-
In his letter (paragraphs 4 6) the Governor, while recognizing Sir Ivo Rigby's qualities of courage and incisiveness, his command of language and his capacity as a criminal judge, endorses the Chief Justice's criticisms. The implied criticism that Sir Ivo is liable to adopt unjudicial
attitudes becomes explicit and it is said that his somewhat emotional
/temperament
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