In 2023 the Court of Appeal handed down a public judgment in a case concerning whether Justice Stoneham should have recused herself from hearing a case. In the case under appeal Justice Stoneham had decided not to recuse herself. The Court of Appeal decided, based on the information before it, that Justice Stoneham should have done so.
In light of the content of the Court of Appeal judgment in respect to the conduct of Justice Stoneham, the then Chief Justice founded a complaint to the Judicial and Legal Services Committee, seeking their view on whether the conduct of Justice Stoneham amounted to judicial misconduct. In September 2023 the Committee concluded, based on the information before it, that there was a case to answer.
Having sought, and considered representations from Justice Stoneham, then Governor Lalgie concluded that the question of removal from office ought to be investigated. To that end, and pursuant to section 74(4) of the Constitution, she appointed a Tribunal. She also suspended the judge pursuant to section 74(6) of the Constitution. The suspension took effect on 11 July 2024.
The Tribunal was established in late July 2024 with a Chair (The Rt Hon. The Lord Burnett of Maldon PC DL) and two members (The Rt Hon. Dame Janice Pereira DBE and The Hon. Dame Linda Dobbs DBE). Over several months the Tribunal conducted its investigation through examination of court documents and hearing witness evidence.
The Tribunal submitted its report to the Governor in April 2025. On receipt, a copy of that report was furnished to Justice Stoneham and the Chief Justice.
The Tribunal report, which is published in full today, reached a clear conclusion that there was no misconduct by Justice Stoneham. As a result of the information obtained by the Tribunal, the Tribunal concluded that there would have been no need for Justice Stoneham to recuse herself from the original case had she given an explanation of all the pertinent facts at the recusal hearing. While her failure to do so at the time was in the Tribunal’s view ‘understandable’, it was an error of law. There was also, according to the Tribunal, a misapprehension by Justice Stoneham of the powers of a judge of the Supreme Court in bail matters leading to a legal error in the exercise of her jurisdiction. However, the Tribunal found that neither of these errors of law amount to judicial misconduct. In their words “[a]all judges make mistakes from time to time. Such mistakes are appropriately corrected through the appellate process.”
As a result of their investigation, the Tribunal advised the Governor that there could be no question that Justice Stoneham has been guilty of misbehaviour for the purposes of section 74(4) of the Constitution. In addition, the Tribunal’s findings led to the immediate termination of the suspension of Justice Stoneham.
The Governor has met with both Justice Stoneham and the Chief Justice to discuss the findings of the Tribunal. The Governor stated that he was grateful for the thorough work by the Tribunal and their clear report, which he considers provides helpful clarity to the issues raised in the Court of Appeal judgment and the original complaint. He added that it enables a line to be drawn under the matter and allows Justice Stoneham to return to her judicial responsibilities with all suggestions of judicial misconduct having been fully answered.
In releasing the Tribunal report today the Governor takes the opportunity to express his high regard for the judiciary in Bermuda, the importance of respecting their independence, and emphasising that matters of judicial misconduct are examined in accordance with the Constitution and principles of natural justice. He also noted the publication of the revised Judicial Complaints Protocol for Bermuda, published on 4 April 2025, which provides clear procedures for the response to allegations of judicial misconduct. More generally, the Governor, expressed his strong support for the existence of fair procedures under which any office holder in Bermuda can be held to account for their conduct in their office: such processes are essential to ensure public confidence in the institutions in Bermuda.
Click here to read the report.