THE JAMAICAN Bar Association has reiterated its position that the Government halt the establishment of a Caribbean Court of Justice, unless it is to be entrenched in the Jamaican Constitution.
A regional court must also ensure that appropriate measures are in place for appointing its judges, says association president Derek Jones in a letter to the Editor.
His letter was written in light of comments made by Prime Minister P.J. Patterson after the recent Privy Council ruling on capital punishment. The decision from the Judicial Committee of the Privy Council commuted the death sentences of six Jamaicans to terms in prison.
The association said it was concerned and disappointed by the Prime Minister's statements and noted that the Jamaican system of government involved separation of powers. Therefore, "...criticism of the decision of judges ought to be confined to commentary on their judicial reasoning and ought not to impute improper motive."
The question of capital punishment is an issue by itself and has absolutely nothing to do with the establishment of a Caribbean Court of Justice, said the letter.
The association noted that the fundamental issues affecting the court were:
1: Resource availability and management would the money be better spent improving the local courts.
2: Whether such a court should be entrenched in our Constitution.
"The reaction of the government makes it clear that any court which is set up by simple legislation i.e. not entrenched, and which hands down decisions which are unpopular with the government of the day might be abolished by the same simple majority which set it up, and replaced by some other court which the government of the day regards as being more in tune with its wishes."
3: The means by which the judges of any such court are to be selected.
The appointment of judges should be as far removed as possible from political influence and should not depend on their known support for positions taken by the government of the day, said Mr. Jones.
"Today, the issue is capital punishment. Tomorrow it may be something else."
He said the Bar Association was concerned that the heads of government in July rejected the method of appointment proposed by their own Attorneys-General. The proposal, added Mr. Jones, went a long way to achieving this objective.
