Old wounds haven’t healed

THE recently concluded 170-day-long Piarco Airport Commission of Inquiry revealed to the nation, not only alleged corrupt activities in the construction of the Piarco Millennium Airport, but that old wounds often do not heal, when the Commission’s Chair-man, retired Chief Justice Clinton Bernard launched an attack on his now deceased colleague, Justice Richard Crane. It was while responding to a Newsday Editorial and an Express story, that an emotional Bernard surprised everyone attending last Wednesday’s sitting  with his outburst: “Crane was a drunkard, sue me if you dare!” Following the outburst, Bernard went on to state that for many years, people had been uncharitable and unkind to him (Bernard) when it came to the Crane issue. He also promised to “reveal the truth” about the Crane issue, “if you tempt me.” During the sitting, Bernard also criticised the Director of Public Prosecutions (DPP) Geoffrey Henderson, who had cause to warn Bernard about the way he was conducting the inquiry and the impact evidence being solicited may have on  criminal matters before the court. The DPP had specifically reminded Bernard about the ruling of the law lords of the Privy Council concerning “fairness,” as was set out in the case involving Bernard and Crane. The saga of Justice Richard Alfred Crane could be said to have started in 1990 when he created local judicial history by being the first local judge to be suspended by the President on the recommendation of the Judicial and Legal Services Commission (JLSC). Chairman of the JLSC was  Chief Justice  Clinton Bernard.

However, during last Wednesday’s sitting and following his emotional outburst, Bernard denied being part of the committee that sat to deal with the Crane matter. In October 1990, acting on the recommendation of the JLSC, then President Noor Hassanali, suspended Crane, who was then the most senior puisne judge. Hassanali also ordered that a tribunal be appointed to investigate Crane’s conduct. The President appointed a three-member tribunal comprising now-retired judges, Justices  Evan Rees, Garvin Scott and Lennox Deyalsingh. Following his suspension from the bench, Justice Crane, a father of eight, filed a constitutional motion, and an application for judicial review. Retired Justice Ivol Blackman dismissed Crane’s motion and judicial review application in 1992. Justice Crane appealed, and the Court of Appeal ruled in his favour in November 1992. The JLSC took the matter to the Privy Council. On February 14, 1994, the Privy Council ruled that Justice Crane was wrongfully suspended and ordered the State to pay costs. This ended Justice Crane’s almost four-year battle with the JLSC. On September 11, 1997, Justice Lionel Jones, sitting in the High Court,  awarded damages to Justice Crane in the amount of $185,000 plus interest. Justice Crane felt the sum was not enough damages and through his attorney Stanley Marcus SC, applied to the Court of Appeal to have the award increase  to $4.7M. The application was heard before appellate judges Justices Roger Hamel-Smith, Jean Permanand and Margot Warner on July 20, 2000 and a further sum of $50,000 was awarded to Crane, giving him a total of  $235,000. But the former Judge was still not content with this sum and took the matter to the Privy Council.

However, he would not live to hear the award of the Privy Council as death would play a final hand, and on Sunday January 6, 2002,  Crane died at his No 2 Hutton Road, St Anns home, at age 71. He died without receiving a penny, since up until his death, Crane was awaiting a hearing before the Judicial Committee of the Privy Council. Even in death, Justice Crane made the headlines, when it was revealed in his  will that he left an estate worth just under one million dollars, but not one cent was left to his estranged wife Loretta Ann Crane. Instead, Crane left specific instructions that his son Philip Nigel Crane get most of what he (Justice Crane) owned, with the exception of a property which he (Justice Crane) had owned with Loretta, but which was to go to Crane’s ex-wife Thelma, who last lived in St Lucia. In his Will dated December 31, 2001, Crane explained that he was not leaving a cent to Loretta, because she abandoned him when he needed her most, during an illness, which eventually claimed his life.

When Newsday visited the Hutton Road, St Ann’s home  over the weekend, residents said that the Crane family had long sold the property and migrated. “That is an old, dead issue and I do not think you all should try to rake it up for the sake of a story,” stated a resident who was jogging during  Newsday visit.. He however said that  Bernard had a right to speak out on the matter, but not at a public forum such as the Piarco Airport Commission of Inquiry. Bernard’s visit to Crane’s “spirit world” may result in serious  future implications for the local judiciary. Almost immediately after Bernard’s outburst, the Council of the Law Association  dispatched  a letter to President Maxwell Richards, with copies  to Prime Minister Patrick Manning and Attorney General Glenda Morean, allegedly calling for an immediate end to the inquiry.