PERSONAL CONFIDENTIAL
CONDUCT OF BARKER, J.A. SINCE CARRIAN TRIAL
Barker gave his decision in this case about the middle of September and did not return to full-time work in the Court of Appeal until about the middle of November.
2.
He has thus been doing his usual work for about three months. It must be emphasized that during that time I have not myself sat in the Court so that my knowledge of him is second-hand, save for the first month or so, when he sat in a different division from myself. Nor have I consulted other members of the Court, except Yang, V.P., who has had a brief look at the minute and says that, on a quick glance, it seems to accord with his view.
3.
Since the trial, Barker, J.A. tells me that he has been careful with the Hong Kong Club; and that although he goes there he avoids the "Bowling Alley Bar" where he is said to have gossiped, and to confine himself to the upper floors. I have not cross-checked this.
4.
According to Barker, J. A., he has not drank anything since the beginning of the year, knowing that he would have to go to the Medical Specialist to do so.
5.
His colleagues of the Court of Appeal, who have sat with him, have not complained that he has been ineffective, though some have expressed an unwillingness to sit with him, both because of his Carrian performance and because before that he had acquired a reputation for making up his mind too early. They also believe that his reputation is damaged badly with the local legal profession.
6.
He has apparently delivered his proper share of judgments, reserved and unreserved, without dissent from his colleagues. It, therefore, appears that he has performed adequately in their company.
7.
He has been asked, verbally and in writing, to undergo a full physical examination by the Government Specialist at the end of this month. I do not think Dr. Chin will be there, but I am sure that a similar arrangement can be made with his successor.
8.
So long as the threat of a periodic medical examination hangs over him (and his wife survives) I think he will perform adequately in the Court of Appeal.
9.
For what it is worth, I think that his action in the Carrian Case was a failure of character, having its roots in a steady decline of the grip which he had in the case, rather than a signal by itself that alcohol had taken such a grip on him that there was no hope for his future.
CONFIDENEML
Cont'd
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