Court dismisses appeal in case against CCJ Bills
published: Friday | June 18, 2004

By Barbara Gayle, Staff Reporter

THE COURT of Appeal ruled yesterday that Parliament was not breaching any constitutional provisions by introducing Bills to establish the Caribbean Court of Justice (CCJ) as a replacement for the United Kingdom-based Privy Council, Jamaica's final appellate court.

In a quick response Dr. Lloyd Barnett, one of the lawyers representing the appellants, including Opposition Leader Edward Seaga, advised the court that his clients were taking the case to the Privy Council. In addition the appellants applied to the court yesterday for a conservatory order (or stay) to bar Parliament from debating the second reading of the CCJ Bills until the matter is ruled on by the British law lords.

But Solicitor General Michael Hylton asked the court to hold a full hearing into the matter to afford both sides the opportunity to present their arguments. The court agreed with Mr. Hylton and it is expected that the hearing will take place next week.

CONSERVATORY ORDER

In the meantime President of the Court of Appeal the Hon. Ian Forte, one of the three judges dismissing the appeal, has requested Mr. Hylton to "ask Parliament to hold its hands until we hear the motion for the conservatory order".

This will further delay debate on the CCJ Bills in the Jamaican legislature. Second reading was to have taken place on February 13 this year but Minister of Justice and Attorney-General A.J. Nicholson postponed it pending the outcome of the motion filed by the claimants.

On April 21 this year the Full Court upheld legal submissions from the Solicitor General that it was premature for them to bring the motion because the Bills were not yet enacted into law. The claimants had contended in the motion that the Bills were unconstitutional because the CCJ would not be entrenched in the Constitution of Jamaica similar to the Court of the Appeal and the Supreme Court and, therefore, would not be a permanent court.

The appellants were Mr. Seaga, the Jamaican Bar Association, the Independent Jamaica Council for Human Rights, the lobby group Jamaicans for Justice and Leonie Marshall, mother of Patrick Genius who was killed in an alleged shoot-out with the police.