The Bermuda Equal Justice Initiative is rallying for support to fund the judicial review challenges launched by Jay and Jeremiah Dale, two men wrongfully convicted of crimes they did not commit. 

Both Jay and Jeremiah were denied the selection of local counsel of their choice and were appointed former prosecutor and current in-house legal-aid counsel Ms. Susan Mulligan, who both Jay and Jeremiah have repeatedly and respectfully indicated that they lack the requisite trust, faith, and confidence in Ms. Mulligan to represent them. 

There are several genuine reasons for Jay and Jeremiah's lack of trust and confidence in former prosecutor Ms. Mulligan (various actions and statements made by her) but they are both particularly concerned that Ms. Mulligan is breaching her duties under the Barristers' Code of Conduct to, inter alia, advance the interest of her client as in their opinion, she has demonstrated that her duties to her clients come second to her duties to her employer, The Bermuda Legal-Aid Office/The Government of Bermuda. 

In separate instances, the Committee has assigned Ms. Mulligan as Counsel for individuals that she previously prosecuted, for individuals who are challenging the Government (her employer) and in cases where she's conflicted because she represents two defendants whose cases are entirely different. 

Ms. Mulligan is the Public Access to Information Officer for the Legal Aid Office and sits in on Committee meetings even when her matters are being considered by the Committee; she frequently serves in the capacity of Senior Legal Aid Counsel which gives her overwhelming authority over the running of the Legal Aid Office. 

During a time when we understand that she was serving in her capacity as Acting Senior Legal Aid Counsel, Ms. Mulligan gave Jay and Jeremiah the ultimatum that if they didn't confirm their acceptance of her as their counsel for their final appeals against conviction, she would advise the Legal Aid Committee to terminate their legal-aid certificates. 

Without notice to them, Ms. Mulligan has advised the Legal Aid Committee to terminate their legal-aid certificates despite the fact that both of their appeals have significant merit. 

The judicial review proceedings seek various declarations, including but not limited to:

a)  a declaration that the decision of the Committee to refuse to appoint counsel of choice for Jay and Jeremiah was unlawful, irrational, and/or unreasonable. 

b) a declaration that the decision of the Committee to unilaterally appoint Ms. Mulligan as Counsel for Jay and Jeremiah without prior notice to them was unlawful, irrational, and/or unreasonable; and 

c) a declaration that the Committee's decision to terminate Jay and Jeremiah' legal-aid certificates based on the recommendation of Ms. Mulligan was unlawful, irrational, or wholly unreasonable.

d) a declaration that Ms. Mulligan's role as in-house legal-aid counsel conflicts with her duties under the Barristers Code of Conduct. 

Unsurprisingly, the Legal-Aid Committee is unwilling to fund a challenge against itself which has left Jay and Jeremiah without financial support for their legal challenge. 

We are seeking your support to assist with funding for local and overseas Counsel to represent Jay and Jeremiah in their judicial review challenge against the Committee's unlawful decision. 

We recognize that cases like this are particularly sensitive and thus we wish to confirm that this judicial review challenge is not just about Jay and Jeremiah's cases; it's about upholding the rule of law and ensuring that the constitutional rights of all are protected and promoted. 

At the core of this judicial review challenge is the principle that everyone, regardless of their social background or financial means deserves equal access to fair justice. 

Your support is crucial to promoting equal and fair justice and protecting the fundamental principles that uphold the Bermuda justice system.