Justice Arif Bulkan, one of the presiding judges of the Caribbean Court of Justice (CCJ), has said the concerns that may have led Prime Minister Kamla Persad-Bissessar to distrust the court centred on the risk of a single judge imposing a legal position contrary to that of the majority. He said the appellate process was designed to guard against such bias and preserve the integrity of the institution.
RAISED CONCERNS: Justice Arif Bulkan
The Guyana-born judge was responding to a chain of e-mails exchanged among his fellow CCJ judges in June 2026 amid escalating complaints against Justice CCJ president Justice Winston Anderson.The allegations ranged from claims of imposing a judicial dress code to accusations of “panel fixing” and attempts to influence the outcome of cases.A majority of the court’s judges also accused Anderson of running the regional court in an “authoritarian” and “dictatorial” manner.Justice Bulkan, referring to a drafted judicial dress code by Justice Anderson, raised other questions pertinent to his leadership style. “...the content of our judgments is very clearly a matter within our sole discretion as independent office holders. What is more, the appellate process by its very definition requires a panel of more than one judge to consider an appeal and to independently come to a decision—if a President (sic) could overrule a majority there is no need for a panel. Viewed from another angle, the benefits of multiple judges sitting in review are to ensure rigour, breadth of knowledge and experience, and safeguards from bias. If one could simply say, I am doing X, even though four or five feel otherwise, the safeguard of the appellate process vanishes.”He continued, “The fear of this happening in the Caribbean is precisely one of the fears that has held the majority of the region back from acceding to the appellate jurisdiction of the CCJ. Both citizens in countries that have said no in referenda and regional leaders like PM Persad-Bissessar have clearly articulated their distrust of a local institution and its ability to judge with integrity and competence. The single incident of many that has caused me to speak out today and what has been for others a back-breaking straw, namely the process sought to be imposed on us in the Mohamed case, could validate that fear and the reservations about acceding to the CCJ. If we were to continue along this anti-democratic path, the very survival of this institution will be threatened.”Working conditionsBulkan in that e-mail also raised concerns about the collegial working environment and the cultivation of respect for work colleagues. “...there are constructive ways of fulfilling such obligations, one of which includes being respectful of colleagues’ opinions, recognising peers as equals and treating them accordingly and not dismissing their concerns, and affording real opportunities for input and dialogue.”The Express has sent questions via WhatsApp to Prime Minister Kamla Persad-Bissessar seeking her response to the allegations surrounding Anderson and whether the claims raised by his fellow judges had affected her confidence in the leadership of the Caribbean Court of Justice.
