By: Justice Dr Anthony D. J. Gafoor
September 23, 2022
It is with deep sadness that I observe the passing of my dear Guyanese friend, erstwhile colleague and mentor, Justice Duke Pollard. Fortuitously, the death of this Duke coincided with that of Her Majesty, Queen Elizabeth II. Though not of royal blood of the pedigree of Queen Elizabeth, to me this “Duke” was as noble and royal in his accomplishments, personality, principles and distinction, as Her Majesty herself. Interestingly, his mother was called Princess. So this Duke was in effect, also a Prince.
Justice Pollard’s life blazed a trail to the very pinnacle of success as the legal adviser to CARICOM through which we continue to aspire for a more integrated Caribbean. His was the intellectual and legal mind which gave life to our foremost regional Court, the Caribbean Court of Justice (CCJ), which now stands as testimony to the fruits of his labour. Together with Dr. Kenny Anthony and other Caribbean stalwarts, he was instrumental in drafting the treaties and ancillary legal documents that sought to close the Circle of Independence in the Caribbean, which formed the title of his popular text.
I first met the Honourable Mr. Justice Pollard in the early days of my doctoral research on the CCJ and had the good fortune to be granted several audiences with him over the years when he was a judge at the CCJ. While many may know of his academic achievements and his accomplishments as a judge and later as a Professor of Law at the University of Guyana, I can certainly attest to his humanism and generosity as one who was always willing to support the novice attorney and budding academic. He always responded promptly to my request for interviews and discussions about regional integration and the direction that the Caribbean was heading. We had many long and passionate discussions on the topic where his intimate knowledge in the fields of international law and regional integration surfaced.
Justice Pollard’s enthusiasm in sharing his writings and thoughts with me speak volumes about his unswerving commitment to Caribbean regionalism. His CCJ judgments, academic writing and judicial pronouncements demonstrate a clear vision of what the region could be if only the leaders opened their hearts beyond the narrow perspectives that seem to keep the nations apart. He vision for regional integration was grandiose for this collective of small island developing states. Indeed, in the very first case before the CCJ in its Original jurisdiction, TCL v Guyana (2008), Justice Pollard was part of the coram of judges which aspired for “transforming the CARICOM sub-region into a viable collectivity of States for the sustainable economic and social development of their peoples”. Given that he was one of the key architects of the Revised Treaty of Chaguaramas which established the CSME and which mirrored in many ways the transformation of the EEC into the EU, these words echo his heartfelt desire for Caribbean integration.
I had the privilege of attending the very first seminar hosted by the CCJ under the auspices of what was then called CALCA (now the Caribbean Academy of Law). It was a privilege to witness the verbal sparring between two of the Caribbean’s distinguished sons of the soil, Professor Ralph Carnegie and Justice Pollard. These legal titans engaged in a healthy verbal battle of perspectives on the Caribbean region and the interpretation of its legal documents. The contest was comparable to that of any heavyweight boxing match. I am not quite sure who emerged the victor but the eminent jurists unabashedly tackled each other in front of the first batch of attendees, including myself. The rich jurisprudence which emerged from the heated debate with neither giving way, remains indelibly etched in my memory as one of greatest legal moots I have ever witnessed.
As the royal Duke continues his journey to great beyond, the words of Dr. Martin Luther King Jr. ring loud and clear: “a lot of people master the length of life, and they master the breadth of life, but they stop right there. Now if life is to be complete, we must move beyond our self-interest.”
Undoubtedly, through his commitment to regionalism, Justice Pollard made a phenomenal contribution toward the development of a Caribbean jurisprudence and regionalization. The regional citizenry, would benefit considerably from the rich legacy of this quintessential Caribbean icon.
His vision for the region is well-encapsulated in his own words: “the role of the CCJ in ensuring the efficient operation of the CSME cannot be denied. In the absence of this institution to pronounce authoritatively and definitively on the rights and obligations of Member States of the Community and their nationals, rights may tend to become illusory and obligations vacuous commitments.” (Duke Pollard, The Caribbean Court of Justice in Regional Economic Development).
May his soul rest in peace and rise in glory.
Justice Dr. Anthony D. J. Gafoor is Chairman of the Tax Appeal Court of Trinidad and Tobago.
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