Regional lawyers entreat Gov’t to adopt CCJ as ultimate arbiter

The Organisation of Commonwealth Caribbean Bar Associations (OCCBA) is urging the Jamaican Government to treat as an “urgent imperative” changes in the ongoing constitutional reform process to make the Caribbean Court of Justice (CCJ) the island’s apex court.

In a release on Friday, OCCBA President Donovan Walker acknowledged the “long and robust” debate surrounding the CCJ in the region, but said he has witnessed changes to the structure of the court that will better secure its independence and ability to dispense justice.

“As regards the timing and process of the CCJ becoming the final appellate court for Jamaica, as one of the remaining 10 CARICOM jurisdictions [that have not yet become full members of the CCJ], OCCBA recognises that each country will have their own processes and relevant legal and constitutional amendments as well as changes to other laws, regulations rules and codes,” he said.

Declaring that the organisation was not taking “political sides” and was not seeking to become embroiled in a “political tug of war”, Walker said that OCCBA was calling on all regional lawmakers to extend their support to the CCJ.

“Our support for the CCJ is based on a considered examination of the CCJ, which is well established, financed, and ready to work in the interest of dispensing justice in a fair and unbiased manner for all those seeking justice before that court,” Walker said.

Limited access

The issue of access to the United Kingdom-based Judicial Committee of the Privy Council, which the OCCBA asserts “is simply not available for the vast majority of CARICOM nationals”, was among the reasons it was championing the regional court.

“We are concerned about the ability of parties from this region to access that [the Privy Council] not only because of the cost of travelling to and staying in London, but the concomitant necessity for many CARICOM nationals to obtain a visa at prohibitive costs [to parties and their attorneys-at-law],” Walker continued.

“Many are left to comment that appeals to the Judicial Committee of the Privy Council are either for the “well-heeled” or “convicted criminals at the mercy of pro bono attorneys”.

Further, he said the CCJ’s various support mechanisms and support entities are now well structured to ensure and maintain the independence of the judiciary, to attract the finest legal minds, and to insulate them from political or other interference.

He said the court, which has been in operation for over 18 years, comprises judges with vast regional and international legal experience.

“The various judgments coming out of the CCJ are sound, well-reasoned and are comparable to those issued by other final appellate courts (including the Judicial Committee of the Privy Council),” he said.

Additionally, Walker stressed that no further investment is required for the CCJ as it is already established and paid for.

“Our support for the CCJ has been consistently maintained and endorsed by the bar associations of the 16 member states comprising OCCBA. Many of these bar associations have supported the call for the CCJ to become the final appellate court for their jurisdiction,” he said.

His statements echo those of the opposition People’s National Party, which has consistently voiced its support for the CCJ to become Jamaica’s final court. However, the ruling Jamaica Labour Party has indicated that its position is still being decided on.

Opposition Leader Mark Golding has indicated that his party will not support the removal of the British monarch as head of state without the simultaneous removal of the UK Privy Council as Jamaica’s final court.

Meanwhile, in a recent letter to The Gleaner, president of the Judicial Committee of the Privy Council, Lord Reed, sought to reassure Jamaicans that the Privy Council is here to serve them. However, he noted that “the decision on whether to retain the [Privy Council] is entirely one for the Jamaican Government and people”.

sashana.small@gleanerjm.com