Solicitor-General's advice was correct

THE EDITOR, Sir:

IT IS my considered opinion that if the Court of Appeal ruled that it had original jurisdiction as reported in yours of July 17, 2001 the decision is wrong and cannot in my considered opinion be supported by any law.

The Court of Appeal can only have jurisdiction on matters on appeal to it through due process from an inferior court.

I have often asked the authorities to legislate for judges to give reasons for their judgment as a check and balance against wrong decisions.

The Court of Appeal was established under Section 103.-(1) which states: "There shall be a Court of Appeal for Jamaica which shall have such jurisdiction and powers as may be conferred upon it by this Constitution or any other law." Other laws include Judicature (Appellate Jurisdiction Act).

Incidentally, I think Smith J. as he then was, erred in interpreting as he did Section 21a of the Election Petition Act which merely grants appeal as a new relief but has not disturbed the statutory and general principle that there shall be no stay unless a Court of competent jurisdiction so orders.

The Solicitor-General's advice was however absolutely correct founded as it was in the law as it stood at the time he gave the advice.

I am, etc.,

OWEN S. CROSBIE

Barrister-at-law

3 Hotel Street

Mandeville

Back to Letters