Governor Andrew Murdoch today said the report enables a line to be drawn under the matter and allows Justice Stoneham to return to her judicial responsibilities
A tribunal has cleared Justice Nicole Stoneham of allegations of misconduct, instead determining she made an error of law and judgment.
Governor Andrew Murdoch today published the tribunal’s report to draw a line under the matter, which now allows Justice Stoneham to return to her duties following a suspension since last July, pending the result of these hearings.
The allegation of misconduct stems from an incident recorded on the 11th of August 2023 on whether Justice Nicole Stoneham should be referred to the Judicial Committee of the Privy Council in London.
There was a concern of bias over a case she had presided over and whether she should have recused herself.
The Court of Appeal decided, based on the information, that Justice Stoneham should have recused herself. Subsequently, the Judicial and Legal Services Committee concluded that there was a case to answer as to whether the the conduct of Justice Stoneham amounted to judicial misconduct.
Former Governor Rena Lalgie suspended Justice Stonehem on the 11th of July last year and appointed a tribunal.
After examination of court documents and hearing witness evidence, the Tribunal concluded Ms. Stoneham was not guilty of any misconduct in relation to the matter.
Rather, she accepts she made errors of law and judgement, which in their view, did not amount to misconduct.
Nor did her actions meet the threshold for removal from the bench due to misbehaviour, classed as serious misconduct sufficient to destroy confidence in a judge’s ability to properly perform their judicial responsibilities.
Calling the matter ‘ironic’, the tribunal noted that there would have been no need for Justice Stoneham to recuse herself – if she had told the court all the relevant facts of her connection to a person close to the case at the original recusal hearing.
The Tribunal said her failure to do so was described as ‘understandable’ however, an error of law.
In their words “[a]all judges make mistakes from time to time. Such mistakes are appropriately corrected through the appellate process.”
The report was released to media today by Governor Andrew Murdoch, which he said provides helpful clarity to the issues raised by the Court of Appeal judgment and the original complaint.
In a news release, Governor Murdoch said he was grateful for the report,” that it enables a line to be drawn under the matter and allows Justice Stoneham to return to her judicial responsibilities with all suggestions of judicial misconduct having been fully answered.”
He also noted the publication of the revised Judicial Complaints Protocol for Bermuda, published on 4 April 2025, which provides clear procedures for the response to allegations of judicial misconduct.
Justice Stoneham was called to the Bermuda Bar in 1993, first entering private practice in criminal, civil litigation, corporate and financial law.
Then, was appointed Magistrate and eventually to the Supreme Court in 2016.
She later became a specialist judge in the Matrimonial Division.
