After a career in law going back 40 years, Deemster Alastair Montgomerie has retired as a full-time judge.
His final day on Monday saw him oversee a busy day in courtroom 2 with a full list of General Gaol plea hearings before a valedictory was held for him in the afternoon, writes Adrian Darbyshire.
He has even received letters from Jurby Prison wishing him a happy retirement.
But after 16 and a half years as a full-time judge, he will not be saying goodbye to Douglas Courthouse for good, as he will continue as a part-time panel Deemster.
He has seen big changes during his career.
Deemster Montgomerie said there had been a vast increase in the number of cases that come before the courts.
This includes a rise in the number of historical sexual offences cases. Deemster Montgomerie said this was a ’healthy sign that people now feel they can come forward to make a complaint’.
Some things haven’t changed. The main type of offences when he started were drugs and this is still the case today.
Deemster Montgomerie’s last sentencing hearings on Friday saw him jail a teenager for three years and nine months for dealing in cocaine and money laundering.
The number of decent, good young people who get caught up in the dark world of drug trafficking is a regular theme in recent cases.
He said: ’They are easy prey for drug dealers. Most of these young people who come in front of me are totally unaware of just how serious such offences are and the severe penalties that follow. So many of them lose their liberty for long periods.’
Offences involving cocaine are being seen more regularly, when previously it was always heroin that was the drug of choice for the traffickers.
But the most significant change he has seen during his time in the courts has been the advance in technology.
All proceedings are now recorded, advocates can bring laptops into court and there are live links to assist vulnerable witnesses so they don’t have to appear in person.
Judgments are published online.
’Ultimately, we need to strive for paperless proceedings,’ he said.
Deemster Montgomerie said he sees the role of the media as ’absolutely vital’.
He said: ’It’s vital to an effective and open public justice system.
’Over the last few years there has been very little media presence in the Court of General Gaol Delivery. I appreciate the resourcing issues.
’I think the public has a right to know what serious criminal offences are being committed, who is being prosecuted and what has happened to them.’
He said if he sees a member of the press in court, he will often use the opportunity to make a comment on the case in the public interest - hence his recent warnings about young people getting dragged into the murky world of drug trafficking.
During his career he conducted numerous trials of defendants charged with offences such as murder, attempted murder, serious fraud, drug trafficking, sexual abuse and causing death by dangerous driving.
But Deemster Montgomerie said his most memorable case was the five-week murder trial of a jealous husband who punched and kicked his wife’s lover to death at the couple’s home in Queen Street, Castletown in December 2013.
’That was easily the most difficult case.
’The defence was two-fold, self-defence and diminished responsibility. But the two are mutually exclusive bedfellows.’
The Deemster said he had never been afraid to be critical of lawyers.
’I regard the criminal justice system as paramount. I would not be doing my job if I wasn’t critical of advocates who are not doing theirs.’
But he added: ’My personal view is that the Isle of Man criminal justice system is well served by both prosecution and defence advocates who are both of a very high standard. I’ve no complaints.’
Deemster Montgomerie is known for taking his time before pronouncing his sentencing.
It must be a nervous wait for the defendant as they await their punishment and certainly in high profile cases, it adds to the drama of the occasion.
But the Deemster said: ’I need to consider victims, the defendant and their families. It’s a matter of fair reflection. I do what I consider to be right.
’I always try to do all cases with a human touch. I feel I have a duty to explain to everyone just exactly why I have reached the sentence that I have.
’That way obviously people still might not agree with it but at least they accept it.’
After qualifying in July 1979, he became a prosecuting solicitor in Cumbria, later rising to the office of senior Crown prosecutor.
He moved to the Isle of Man in 1991 when he joined the Attorney General’s Chambers as a legal officer.
Promoted to chief prosecutor, he was appointed Deputy High Bailiff in 2003. He became a part time panel Deemster in 2004 and was then promoted to Deemster in 2011.
Explaining his decision to retire as a full-time judge, Deemster Montgomerie, who turned 67 this week, said: ’I feel I need to get away from the day to day merry-go-round of work.
’I work most nights and weekends.
’My wife Wendy retired at the end of July last year and I’ve seen how much she is enjoying retirement. I love sports - I play tennis - and walking and I will have more time to do them, more time to relax.
’I feel incredibly privileged to have been a judge here for the last 16 and a half years. I still love the work but it would be good not to come in every single day.’
He will continue to oversee trials but as a part-time panel Deemster, coming in as and when required for a particular case.
In his valedictory address, Deemster Andrew Corlett paid tribute to the retiring Deemster’s ’meticulous preparation’, ’conspicuous independence of mind’ and his ’crisp and clear judgments and rulings’.
He said: ’He has kept sentencing to the bitter end, having dealt with several cases at a very busy pleas court.
’I understand there has been a busy pre-Christmas rush by some offenders so that they can say farewell to Deemster Montgomerie in person!’
He cited Deemster’s ability, during his well-known ’Murder Mystery’ evenings, to immerse himself in the role of those suspected of committing the dastardly deed - and suggested he may have enjoyed a career as an actor.
’Maybe a second career beckons?’ he asked.
’It is unlikely we have seen the last of him as Deemster, but equally I am sure that he and Wendy will enjoy the greater freedom to travel, relax and enjoy more time together, and with their children.
’So it is au revoir, rather than a final farewell, Alastair.’
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