Dear Editor,
After a lull of a few years, due to Covid and other setbacks, positive moves are being made to increase the number of jurisdictions which have ditched the British-based Privy Council and accept the Caribbean Court of Justice as the final Court. A group of Queens Counsel in Jamaica are calling on the Holness administration to stop the shadow boxing and accept the Port of Spain-based Court as the final Court. A well-known jurist, Hugh Small QC, recently burned three wigs that were in his chambers – one from him, one was owned by his father who was a judge, and the other from another Queens’s counsel. He said wigs reminded him of colonialism which is now history. Jamaica is the first Caribbean country which gained independence from Britain, in 1962, followed by Trinidad and Tobago shortly after. The Organization of Commonwealth Caribbean Bar Association (OCCBA) is also advocating for more countries to cut the apron string from Britain.
I recall Jamaica was in the forefront in advocating for the regional court, and it regrettable that after so many years, it is still flip flopping… shadow boxing from one government to another. The current Prime Minister, years ago, said he would not abolish appeals to the Privy Council until the electorate decide by way of referendum, but he has taken no steps for a referendum… referenda failed in St Vincent and the Grenadines, Grenada and Antigua and Barbuda, but those electorates are still clamouring for the CCJ to be the final court.
Guyana, which is the first country to join the CCJ, along with Barbados, is making full use of the Court. During the last three years the Regional Court dealt with important issues such as 33 is the majority of 65, the appointment of the Chairman of the Elections Commission and other important electoral issues. After more than 16 years only four countries Guyana, Barbados, Belize and Dominica have accepted the CCJ as the final Court. A push is now being made for St Lucia to join those four countries since the President of the Apex Court, Justice Adrian Saunders, recently had discussions with the relevant authorities in that country. Reports state that politicians in the twin island Republic of Trinidad and Tobago are renewing their call to abolish appeals to the Privy Council. The Kamla Persad-Bissessar administration had agreed for only criminal appeals to go to the Privy Council, but it never materialized.
Sincerely,
Oscar Ramjeet
