The public confidence in the courts and the judicial officers is being compromised by archaic practices like addressing matters for cases in chambers.

Those were the words of the Commissioner of the Fiji Independent Legal Services Commission John Connors as he addressed the judges and judicial officers at the National Judicial Workshop in Sigatoka.

Connors stressed that the values of independence and impartiality are central to our concept of the judicial office and to the performance of judicial duties.

He said the general rule in all common law countries is that proceedings be heard in open court with the public having the right to be in attendance.

The former High Court judge said unfortunately, Fiji's rules of the High Court still enable matters to be dealt with in "chambers" in the absence of the public.

Connors said these secret hearings are to be avoided in all but the exceptional circumstances.

Connors also highlighted that many instances of alleged judicial tampering with court records have been brought to his notice over time.

He said these allegations would disappear immediately if there is an audio recording made and retained by an independent court reporting service.

He also said that to minimize the risk of challenges to a judgement, it is necessary for judges to be ever vigilant to avoid conduct which could lead to suggesting lack of impartiality.  

Connors said the basis of allegations of impartiality may well arise from the judicial conduct outside the courtroom and one such area is where judges choose to speak extra-judicially about controversial, political or ethical issues.

The Commissioner stressed that the behaviour of judicial officers in the community and in their private lives are also matters that go towards accountable judging.

Connors said judging is a lonely life as when the evidence is heard and the argument is over, when the books have been read, no conscience other than the judges’ can be the guide.