Caribbean onlyregion now with UK Privy Council
With the withdrawal of New Zealand fromthe United Kingdom (UK) Privy Council as its final Court of Appealin April, the Caribbean is the only region with the century-oldappeal arrangement with the Privy Council, Attorney General andMinister of Justice, A. J. Nicholson, has pointed out.
He emphasised that the establishment ofthe Caribbean Court of Justice (CCJ) was inevitable, unlike thepolitical Federation, which was mooted in the late 1950s.
The Minister noted that the CARICOM regionpossessed the requisite expertise in sufficient numbers to successfullyoperate a final court of appeal.
He was addressing a special meeting of theSt. Ann Lay Magistrates Association at the Breezes Runaway BayHotel, St. Ann, recently.
The Attorney General said that while onlya few Caribbean legal luminaries had been fortunate to sit onthe UK Privy Council over the decades, "this was not indicativeof the quality of our legal practitioners, but a shortcoming onthe part of the Privy Council".
Mr. Nicholson commented on the appointment,role and political ties of the Lord Chancellor in the United Kingdom,and noted that this was far from what was being proposed for theCaribbean Court of Justice.
"The Lord Chancellor, who heads theUK Privy Council, is appointed by the Prime Minister and sitsin the Cabinet...but nothing is being said by our detractors aboutthe possible political influences that can be brought to bearon this official. However, they are the same ones who are quickto create doubt in the CCJ by arguing that our judges will comeunder political influence. Our judiciary is beyond reproach,"Minister Nicholson said.
The Attorney General said the average costof $3.5 million to bring a matter to the Privy Council was a deterrentto ordinary people who would wish to secure justice in the highestAppellate Court. On the other hand, he said the proposal to havean itinerant court in the CCJ, would be a distinct advantage toa great number of citizens throughout CARICOM.
He also pointed out that the decision toinclude experienced judges from outside the region to sit on theCaribbean Court of Justice, has received support, "as itis felt that such personnel could bring another perspective tothe deliberations".
The Minister said while the detractors "seemto doubt their capacity" to operate a regional AppellateCourt, private citizens and business operators must analyse theproposed establishment of the CCJ "with an open mind andthe intellectual capacity resident in the Caribbean".