Dear Editor,
The two largest English speaking countries in the Caribbean Community seem to have backtracked from their original position two decades ago and so far have not abolished appeals to the Privy Council and join the appellate division of the Caribbean Court of Justice (CCJ), Jamaica and Trinidad and Tobago were in the forefront, pegging away for the regional court, and now more than 16 years after the inauguration they have not yet done so. Moreso, the two countries spent tens of millions of dollars in the establishment of the Court and so far they have obtained very little benefit, but they have themselves to blame. Edward Seaga leader of the Jamaica Labour Party and Prime Minister and Basdeo Panday, Prime Minister of Trinidad and Tobago, and leader of the UNC party were encouraging other CARICOM countries to join the regional court. As a matter of fact it was because of Panday the Court is headquartered in Port of Spain. It is regrettable and rather puzzling for their failure to do so. Granted that there have been change of governments in both countries, but the UNC and JLP were back at the helm. In fact the current Prime Minister of Jamaica, Andrew Holness is the leader of the JLP, (Seaga’s party).
Holness at first was in favour, but changed his mind and is now calling for a referendum in order to give the electorates a say if or not to ditch the London based Privy Council. At first the CCJ was deemed a hanging court, but that excuse cannot be used any longer in the light of a recent decision by the Court in a Barbadian murder case. Prime Minister Keith Rowley was in favour of the regional court when he was in the opposition, now he is at the helm is another ball game. Opposition leader, Kamla Persad – Bissessar was considering abolishing only criminal cases, but this might not be in keeping with the Treaty of Chaguaramas. You cannot adopt what has been described as a “half slave”, “have free” policy. You have to abolish totally. Several leading Caribbean scholars including Sir Shridath Ramphal, former Commonwealth Secretary General, and P.J. Patteerson, former Prime Minister of Jamaica, both outstanding jurists, are strongly advocating for the CCJ, not to mention former Presidents of the Court Trinidadian Michael de la Babistide and Sir Denis Byron of St Kitts/Nevis.
There is no doubt that the regional court has outstanding justices and their decisions have been lauded by international Law Lords and other distinguished Justices, What is important it dispenses expeditiously with cases as was done in the Guyana no confident motion and election rigging cases. The Guyana appeals were heard in matter of weeks which would have taken several months before the Privy Council. Now the future of the CCJ is uncertain. Seems as if it might take several years before more countries go on board. St. Vincent and the Grenadines, Antigua and Barbuda, and Grenada failed in referenda to remove the Privy Council as the final Court. St. Lucia does not need a referendum, but has to delink from the Privy Council, but the powers that be are flip flopping. Some feel that the authorities should have waited until more countries signaled their intention to join before the establishment. Guyana and Barbados were the only two countries in April 2005 when the Court was inaugurated followed by Belize in June 1, 2009 and five years later by Dominica in 2015.
An interesting question is funding, but it seems as if the Court can survive with only four countries for quite some time. The interest and investment from the US$100 million Trust Fund would be able to sustain the functioning for several years. The Court currently has modern equipment and visual telephonic facilities which facilitate lawyers to conduct their cases from jurisdictions outside Port of Spain — extremely convenient and substantially reduces the costs of litigation. I do not see any valid reason for the reluctance to sever link with the London based Privy Council. Trinidad and Jamaica gained political independence since 1962 —-nearly 59 years ago yet they are hesitant to have judicial independence. What a shame… Is it they do not have confidence in their local judges who have time and time again demonstrated their ability, competence and honesty? I am baffled.
Sincerely,
Oscar Ramjeet
