THE EDITOR, Sir:THE MANNER in which the Caribbean Court of Justice (CCJ) is being foisted on this country is an insult to the people.
The real questions should be placed before the country.
These are briefly (1) How long should the Privy Council remain our final Court? (2) What are the alternatives to the Privy Council? (3) Which of these alternatives should we pursue? (4) How should the preferred alternative be effected?
Although a few people might wish appeals to the Council to continue indefinitely it is suggested that in response to the first issue most citizens would opt for a period of somewhere between one year and 10 years. With regard to the second question the alternatives would appear to be (a) transforming the present Jamaican Court of Appeal into our final Court (b) establishing a new Jamaican final Court of Appeal, a tier above the present Court of Appeal, and (c) the proposed CCJ or a similar body. There are powerful arguments for and against each.
It is urged that the third and fourth questions can only be properly addressed after the country has been fully advised and consulted on all aspects of the available alternatives. It is further urged that until this has been done no attempt should be made to abolish appeals to the Privy Council and to substitute another Court, especially when it is proposed to substitute not a purely domestic tribunal but an extra-territorial, federal structure - Caribbean and itinerant though it may be.
When Jamaica in a referendum rejected West Indian Federation this included a Federal Court of Appeal. If Government proposes to repudiate the result of that referendum and reintroduce such a Court then, regardless of any legal obligation, good governance, common decency and honour demand that the people be consulted - preferably by referendum.
I am, etc.,
BERESFORD HAY
P.O. Box 1191
Kingston 8
