Professor Peter Fletcher (left), well-known surgeon, speaking with attorney-at-law, Derek Jones and wife, Maureen, during cocktails at the annual banquet of the Association of Surgeons in Jamaica (ASJ) on Saturday at Le Meridien Jamaica Pegasus Hotel, New Kingston. Professor Fletcher was honoured by his colleagues for his many years of outstanding service to the profession and the wider community. Mr. Jones was the banquet's guest speaker. - Winston SillPAST-PRESIDENT OF the Jamaican Bar Association, Derek Jones, is trying to enlist the support of the country's surgeons as he continues his campaign to have the Government reveal full details of the proposal for the staffing, funding and operation of the proposed Caribbean Court of Justice (CCJ).
He told surgeons on the weekend that this issue was not one for lawyers alone and that they too should add their voices to the call for the Government to organise full and comprehensive public discussions and debate on the proposed regional appellate court.
The surgeons were gathered at Le Meridien Jamaica Pegasus Hotel, New Kingston on Saturday for the Association of Surgeons in Jamaica's (ASJ's) annual gala banquet to honour their colleague, Professor Peter Fletcher.
Mr. Jones used examples of legal cases where judges made landmark decisions to support his argument that the method for the appointment and installation of the judges was critical. One of the cases he cited was the 18th century "James Somerset case" in which a man was purchased on the west coast of Africa and eventually taken to England as a slave. This case tested the legality of slavery. Mr. Jones said the commercial, social and political implications of slavery being declared illegal was enormous, but Chief Justice of England at the time, Lord Mansfield, in his May 14, 1772 judgment said that "the state of slavery is of such that it is incapable of being countenanced on any reason legal, moral or political".
"(This judgment) was made before the slave trade was abolished and the implications for the structure of colonial government was enormous," Mr. Jones said.
He said the critical issue in this case, and the others highlighted, was that the judges had at least one thing in common they were independent and independent of mind. "This is what allowed them to give just decisions without regards to commercial, social or political consequences. Each and every citizen, not just the lawyers, ought to be concerned to ensure that judges in our courts are independent-minded and moreso in relation to our final appellate court," he said.
Jamaicans, he said, must ensure that the method of appointment, the level of entrenchment, the protection and remuneration afforded to the judges are such as to ensure that as far as possible, the best persons are selected for the posts and that selection is done on merit and that those selecting need to use neither fear nor favour in making their decision.
