Late judge Marjorie Cole Smith remembered for humility, fairness
REMEMBERED by colleagues for her humility and fairness on and off the bench, warm personality, and dry humour that could break the tension in any courtroom or setting, the late retired Supreme Court judge Marjorie Cole Smith was said to be a woman who epitomised the humanity of the judiciary for many Jamaicans.
As he paid tribute to his colleague and friend at the thanksgiving service for her life on Saturday, Chief Justice Bryan Sykes recalled his first interaction with the late judge as a young prosecutor in the Office of the Director of Public Prosecutions.
He shared that they were working on a “hotly contested trial that lasted several days, but what stood out was her excellent legal knowledge, her calm disposition, and her dry sense of humour which would relieve the tension from time to time during the trial”.
“Evident by the fact, among other things, that her summations in criminal trials with the jury were rarely reversed by the Court of Appeal, she had a calmness of disposition, firmness when needed without being rude or offensive to counsel, even when the conduct of the lawyers was less than expected. She maintained her equanimity in the face of provocative comments and behaviour,” said Sykes.
The chief justice shared that her life was a reflection of the wonderful things about the court system which enabled many individuals, like Cole Smith, to rise from humble beginnings to higher office, and stated that throughout her journey she remained humble.
As he expressed condolence on behalf of members of the judiciary, Sykes shared the remarks of justices who remembered Cole Smith as a pleasant individual with extraordinary kindness and a warm personality who commanded deep respect from all stakeholders within the court system.
He said Justice Sharon Millwood Moore recalled that despite her heavy workload and packed schedule, Cole Smith “managed to connect with people great and small alike, completely unaffected by her status. She was in a phrase, to use the current expression, a ‘real’ person”.
“Let us be thankful for her life and her contribution. We can best honour her memory by recommitting ourselves to serving our citizens and the court users with humility,” he urged fellow members of the legal fraternity.
Attorney Peter Champagnie, KC, reflected on Cole Smith’s characteristics of fairness and compassion as he stood in the University Chapel, Mona, to deliver his tribute.
He recounted an interaction in which a complainant was dissatisfied with a ruling, and the late justice took time to explain that “courthouse truth and real-life truth don’t always coincide”, a response that eased the frustration of the complainant.
“Whether you went into her court emerging victorious or otherwise, you felt that what was done was right,” he shared.
As he continued his reflection Champagnie said that he witnessed Cole Smith’s heartfelt compassion when she visited him at home while he was grieving the loss of his mother — a period he described as the darkest and lowest point of his life.
“Beyond my interaction with her in the court I did not believe that I existed beyond that, and Justice Cole Smith came and I was, for a moment in time, absolutely elated and blown away by her presence. She spoke to me and she told me certain things, and I will abide by the strictures, ‘Keep your secrets inna you own calabash,’” he shared.
Champagnie said that “when she was leaving, it was almost as though my mother was speaking to me because she said, ‘Can’t come to the funeral tomorrow; I see you have people inside, send them home, go get some rest,’ ” instructions he said he dutifully followed.
He reasoned that Saturday’s occasion was a twist of faith because he was celebrating his mother’s birthday as well as the life of Justice Cole Smith who offered him wise and comforting words as he grieved his mother on March 15.
“I celebrate her kindness. She was one of a kind and will be sorely missed,” said Champagnie.
Cole Smith was also remembered by Stallyn Insang, who delivered remarks on behalf of the Manchester Parish Court and Private Bar, as a beacon of justice and compassion who embodied the essence of what it means to be a true person with a balanced blend of wisdom, empathy and humility.
“From the moment she stepped into the courtroom she has approached every case with an open heart and an open mind, refusing to view people as mere numbers or statistics. She has seen the stories, the struggles, and the dignity behind each litigant that has stepped in her courtroom,” said Insang.
“Whether dealing with complex matters or the most straightforward dispute, she always made it a point to listen, and truly listen to the voice… fostering an environment where everyone felt heard and valued,” he shared.
The only member of her Norman Manley Law School graduating class of 1980 to become a high court judge, Cole Smith was described by her former classmates as a confidante mother figure and kind-hearted soul who was always willing to help.
“She cared deeply for members of the class, celebrated their achievements, attended all our reunions, offered advice and assistance, and commiserated with us, when necessary. She made it her duty to remain current and informed about the whereabouts and welfare of her classmates. Her kindness and love for humanity knew no bounds,” said former classmate Audrey Allen.
As she read the tributes of other classmates, they described Cole Smith as a sister and confidante.
“Sometimes you have heroes around you and you do not realise, particularly when the person is self-effacing. Marjorie was one such heroine — a quiet, accommodating woman,” Allen said as she delivered the words of a fellow classmate.
Former close protection officer for the late Supreme Court judge, Fabian Wright affectionately called Cole Smith Mom or Madam, and shared that she was the first judge he was assigned to after completing training school. He guarded her closely for more than a decade.
“Within [those] 10 years we travelled the hills and valleys of Jamaica, and we would always look forward to the roast yam and saltfish,” he said smiling.
“One of the many things I have learned is that she is loved by everyone, everywhere. She would always say, ‘In life, it is not what you do, it’s how you do it,’ and ‘It’s not what you say, it’s how you say it,’ ” he recalled.
The two-and-a-half-hour service also featured a musical selection from York Castle High School, where Cole Smith was a student, which brought much joy to the sombre occasion.
From her humble beginnings at York Castle High to Norman Manley Law School, the parish court, and the Supreme Court, attorney-at-law Velma Brown-Hamilton said Cole Smith never lost the human touch.
“As everybody would attest, she could sit comfortably with the beggar and the pauper as well as kings and leaders on the world stage, for what was remarkable about her was her ability to move seamlessly from her beloved patois — the Jamaican dialect — to the Queen’s English, and as such, if she were a politician [then] all of her constituents would feel a sense of belonging,” Brown-Hamilton said while delivering the eulogy.
“This remarkable way of communicating was the hallmark of every aspect of her life, for it served her well in the courts as a judge because no one felt misunderstood,” she continued, adding that Cole Smith was also a good listener.
Brown-Hamilton further noted that the late justice was a storyteller and lover of the arts who was full of wit, a light that shined bright. She shared that she was also charitable and an advocate, often covering the tuition of many future lawyers through donations.