Dear Editor,
Although Guyana abolished appeals to the Privy Council since February 1970 when the country became a republican state, lawyers from the Co-operative Republic continued to appear before the London based court. In fact Sir Fenton Ramsahoye, former Attorney General, has the record of appearing in more cases than any other lawyer in the Commonwealth. Seenath Jairam, who is based in Port of Spain appeared in a few. And only on Tuesday Ralph Ramkarran, who practises in Georgetown, appeared in an appeal originating from the Trinidad and Tobago Court of Appeal.
The twin island Republic has so far not abolished appeals to the Privy Council, although that government was in the forefront of establishing the Caribbean Court of Justice (CCJ). Jamaica too under the Jamaica Labour Party (JLP) administration which was spearheading move for the regional court has not yet joined the appellate jurisdiction of the CCJ.
So far only four countries: Guyana, Barbados, Belize and Dominica have severed links with the Privy Council, and it is unfortunate that the other jurisdictions which gained political independence decades ago still go to the United Kingdom to determine their appeals. St Vincent and the Grenadines and Grenada tried, but the electorates rejected joining the CCJ in a referendum. I am of the view that if the referenda in those countries had only asked about the Privy Council and the CCJ, the results would have been different; but there were other issues. These included in St Vincent the removal of the Queen as Head of State to be replaced by an Executive President; and in Grenada changing the country’s name to include Carriacou and Petite Martinique, limiting the period a Prime Minister could serve to three terms, appointing a leader of the opposition from the party getting the second highest number of votes, etc.
The two big countries ‒ Jamaica and Trinidad and Tobago ‒ are flip-flopping. When in opposition they advocate for the court and when in power they are reluctant. The JLP administration in Jamaica described the CCJ as the “hanging court”, and the UNC in Trinidad is not sure if they could have full confidence in it. Antiguans will hold their referendum early next year to decide. The date has been shifted to allow the electorate to know more about the regional court.
Yours faithfully,
Oscar Ramjeet
