THE “deep respect inspired” by former president of the Court of Appeal Justice Ian Forte across the bench, the Bar, and the Caribbean at large resonated in the tributes that flowed during a special sitting of the appellate court in his honour last Friday.

Retired Justice Forte, the spouse of parliamentarian Marlene Malahoo Forte who died earlier this month, forged a trailblazing career spanning the legal and judicial system for over five decades, peaking when he was elevated to the bench as a judge of appeal in January 1988 before rising to become the president of the Court of Appeal in 1999. He served in that position until retirement in 2005.

On Friday, Appeal Court President Justice Marva McDonald-Bishop, who presided over the special sitting of the court
en banc (full bench), said Justice Forte, who passed at the age of 89 years on June 5, “played his part and played it well in the advancement of our nation, our region and humanity”.

“In every office he held within the legal and judicial system, whether at home or abroad, he exemplified the fundamental qualities that sustain confidence in the administration of justice. Through those qualities and through the force of his scholarship and judgment he contributed significantly to the Jamaican and Caribbean jurisprudence,” the Appeal Court president said.

She, however, noted that despite all the accolades, which were verifiable, the true measure of Justice Forte’s legacy is “felt in the generous breadth of his service beyond the bench, through his church, the Norman Manley Law School, his alma mater St George’s College, and the Kiwanis Club”.

“He gave sustained and selfless commitment to the civic, religious and educational life of Jamaica, touching and changing lives for the better through his tutelage, wisdom, selflessness, mentorship, and benevolence. It is, therefore, fitting that the national, professional and civic honours conferred upon him should stand as formal recognition of a life devoted to public service in the law and of his outstanding contribution to the judiciary, the legal system, and the people of Jamaica. Together, these distinctions testified to the deep respect he inspired across the bench, the Bar and the wider nation,” Justice McDonald Bishop declared.

Head of the judiciary, Chief Justice Bryan Sykes, in a pre-recorded message, said through decades of commitment to the administration of justice Justice Forte helped to shape the development of Jamaican jurisprudence and contributed significantly to the strengthening of one of the most important institutions, in our constitutional democracy — the judiciary.

“His was a career marked by distinction, integrity, scholarship, and service. He served as counsel, as a judge of the resident magistrate’s court, as the director of public prosecutions, being elevated to the Court of Appeal as a judge of appeal and, finally, he assumed the presidency of that court.

“As president of the Court of Appeal he occupied one of the highest judicial offices in the land. He understood well that appellate adjudication carries a particular responsibility,” Justice Sykes said.

McDONALD-BISHOP…in every office he held within the legal and judicial system, whether at home or abroad, he exemplified the fundamental qualities that sustain confidence in the administration of justice Photo: JIS

Pointing out that the decisions of the appellate court do more than resolve disputes between parties, the chief justice said: “Justice Forte approached that responsibility with seriousness, diligence, and an unwavering commitment to principle.”

“Those who appeared before him quickly came to appreciate that he was always thoroughly prepared. He understood that judicial preparation is, itself, a form of respect — respect for the litigants, respect for counsel, respect for colleagues, and respect for the judicial process. He exemplified that principle throughout his career.

“Equally noteworthy was his judicial temperament. In an age when public discourse can sometimes reward certainty over reflection and volume over substance, Justice Forte demonstrated the enduring value of calm deliberation,” Justice Sykes said

He added, however, that though Forte was “soft-spoken and courteous [and] he treated all who appeared before him with dignity and respect… No one mistook his civility for weakness. Beneath his gentle demeanour was a formidable intellect; a disciplined, analytical mind; and a deep understanding of the law,” the chief justice said.

In the meantime, president of the Caribbean Court of Justice, Justice Winston Anderson said Forte’s legal career, which spanned more than five decades, “reflects not only extraordinary dedication but also a deep passion for and commitment to the law”.

“It speaks to a life devoted to the thoughtful interpretation and persistent advancement of the law, whether in chambers preparing and strategising, at the Bar table arguing a case, or behind the bench crafting decisions whose influence resonated far beyond the courtroom. Justice Forte’s career is a true testament to the sharing of wisdom, experience and intellect.

“Above all it reflects a dedication to us — the people of Jamaica and the region — that, ultimately, has shaped our affairs, social interactions, how we engage with our institutions, and how these institutions function, how our rights are protected and advanced,” he stated.

Retired president of the Court of Appeal, Justice Patrick Brooks, in reflecting on his experiences as a young attorney with Justice Forte, who was the director of public prosecutions at the time, said he was “in awe” of the leader he came to know.

SYKES…those who appeared before him quickly came to appreciate that he was always thoroughly prepared

Speaking of Forte after he was elevated to the bench, Justice Brooks said: “His judgments were always fair, always well-reasoned, even if you did not agree with the outcome. I stood on his shoulders in my time as president, and the court is much better for his administration of it.”

On Friday, too, his widow Malahoo Forte, King’s Counsel, in a measured and stately reply to the tributes, said her late spouse was every inch the man he has been eulogised to be.

“There is a Jamaican saying, ‘See mi and come live wid mi a two different things,’ but for Ian, seeing him and living with him were the same. I thank God that I had the privilege of sharing a small part of his life. Everything I have heard said about him publicly I’ve lived it privately with him,” she said softly.

In giving a brief window into their lives, Malahoo Forte said: “Ian was easy to love, and I loved him dearly; but beyond loving him, I respected him. I respected his contribution to the nation and the administration of justice, and that is why it was so easy to care for him to ensure that for all of his life he remained at the standard he was accustomed to.

“I deem it a privilege to see him not only in the prime of his life but also in the vulnerable moments. I thank God that he remained lucid to the time of his death. He never lost his sense of humour. I don’t know whether I love him more or he loved me more, but I feel grateful for the guidance he provided and how much he poured into me in my own professional pursuits,” she stated.

Malahoo Forte, a third-term legislator and the former minister of legal and constitutional affairs, said while Forte was “heartbroken when [she] took a detour from the judicial branch to the other branches, in keeping with his respectful manner he did not stand in [the] way, and sought to provide all the support he could”.

“His deep understanding…allowed me to benefit from a treasure trove of knowledge, wisdom and counsel, and I pray to God that in discharging my commitments I will do no less,” she said touchingly.

Justice Forte’s reputation for judicial scholarship and integrity earned him recognition throughout the Caribbean, including his service as a member of the Cayman Islands Court of Appeal. He was also appointed as a judge of appeal for the Turks and Caicos Islands Court of Appeal.

Also paying tribute last Friday were former Appeal Court President Justice Seymour Panton; Attorney General Dr Derrick McKoy, King’s Counsel (KC); former Director of Public Prosecutions Kent Pantry, KC; former Director of Public Prosecutions Paula Llewellyn, KC; current Director of Public Prosecutions Claudette Thompson; Senate President Tom Tavares-Finson, KC; Hugh Small, KC; and other representatives of the public and private bar. Several members of Justice Forte’s family were also present in the chamber.