THE EDITOR, Sir:JAMAICANS SHOULD be grateful to the appellants whose cases concerning the establishment of the Caribbean Court of Justice (CCJ) were recently before the Privy Council (PC). Their success compels the government to take another look at the matter. It also enables the people, for the first time, to take a proper look at the question of a final court of appeal.
This is not just a matter of law for lawyers or just for the consideration of the government, the Opposition and a few Kingston-based civil society organisations.
It is a matter about which the people have a right to be informed, educated and consulted. All options should be placed before them for their consideration.
It is suggested that the following are the main options with regard to the structure of the court:
Retain appeals to the PC or abolish them and keep as our final court.
Keep the present Jamaican Court of Appeal as is.
Keep the present Jamaican Court of Appeal revamped.
Set up a completely new and superior Jamaican Court of Appeal (SJCA) a tier above the present Court of Appeal.
Have the CCJ, whether as proposed, or as an intermediate or interim court below the PC under the 'Seaga formula'.
There are arguments for and against all the above options. There are also other Caribbean-linked options, like shared-judges.
To be truly effective, the introduction of a new final court must be preceded by or concurrent with a complete review or reform of the administration of justice from petty sessions to the Court of Appeal.
This should include the 'extradition courts' in which (without any reflection on the judges) the jurisdiction of Jamaican courts to try Jamaicans for offences allegedly committed in Jamaica is routinely ousted in favour of foreign jurisdictions.
Unless a comprehensive blueprint for justice is implemented, a new court will be like ice cream on a carbuncle. There are problems with justice in Jamaica. Address them, don't 'forget' them.
It is time to put the SJCA on the table beside the CCJ. Properly conceptualised and imple
mented, it could blaze a trail in the transparent appointment of judges (e.g. nomination and confirmation hearings) and the liberal,
progressive and eclectic dispensation of justice.
This is a way to keep a hand on our
sovereignty and independence and to correct any deficiencies in the CCJ which are already surfacing.
Let all options contend. If the people prefer the CCJ to the SJCA, then so be it. We will just put our hands on the 'rudder' and 'rally round the CCJ'.
I am, etc.,
BERESFORD HAY
P.O. Box 1191,
Kingston 8
