Michael de la Bastide, KC, was much more than an eminent jurist. He was a true Caribbean man whose contribution to the development of the region’s legal framework is being widely acknowledged in the tributes being paid following his death over the weekend.
T&T owes a particular debt of gratitude to this outstanding son of the soil whose public service was not limited to his time as Chief Justice, or even in Parliament as an Independent senator, but included the community and sporting endeavours to which he gave his talent and time.
It is a source of regret to many that de la Bastide went to his grave without seeing the country of his birth fully accede to the Caribbean Court of Justice (CCJ) in its appellate jurisdiction.
He had long advocated discontinuing appeals to the Privy Council, so it was deeply disappointing to him that many Caribbean states failed to sever the “apron strings” of a colonial system.
De la Bastide’s commitment to the development of the Caribbean’s legal system is without question. After the CCJ was inaugurated in Port-of-Spain on April 16, 2005, he served as its first president until his retirement in 2011.
At present, only five states access the CCJ in its appellate jurisdiction — Barbados, Belize, Dominica, Guyana, and Saint Lucia. Although T&T ratified the agreement establishing the CCJ and serves as its headquarters, it still clings to the London-based Privy Council as its final Court of Appeal.
In his memory, this monumental blunder, a significant gap given this nation’s involvement in the Caribbean Single Market and Economy (CSME), should be corrected. It would be a fitting celebration of a life dedicated to the law and the advancement of T&T and the Caribbean.
Born on Charlotte Street, Port-of-Spain, on July 18, 1937, the last of eight children, de la Bastide’s exemplary academic career at St Mary’s College, culminated with an Open Scholarship (Languages) in 1954.
At Christ Church College of Oxford University, he obtained a Bachelor of Arts (Jurisprudence) and Bachelor of Civil Law, both with First Class Honours and was called to the Bar on February 7, 1961.
So began his distinctive legal career which featured numerous highlights, including serving on the Wooding Constitution Commission from 1971 to 1974.
In 1975, he became a Queen’s Counsel at the young age of 38 and he served as an Independent Senator from 1976 to 1981, then as a member of the Hyatali Constitution Commission from 1987 to 1990.
His service to the legal profession included three terms as the president of the Law Association of T&T from 1987 to 1990.
As Chief Justice, a position he held from May 31, 1995, to July 18, 2002, made his mark on this country’s system of justice and encouraged continued judicial education, later leading to the Judicial Education Institute. During that time, he was awarded the country’s highest national honour, then known as the Trinity Cross.
In looking back at de la Bastide’s long and illustrious life, many accolades should be bestowed on him. The tributes being paid locally, regionally and internationally attest to the calibre of this outstanding citizen.
T&T will, however, pay him a well-earned honour by fully embracing the CCJ.