THE EDITOR, Sir:

I BELIEVE that I speak for at least a million Jamaicans who have not yet publicly voiced an opinion, but may share the view that it is time to put a full stop to deliberations concerning the Caribbean Court of Justice (CCJ). It may be a good idea whose time in this country has not yet come; and having heard the long arguments and the whys and wherefore being analysed over the past 35 years, some of us must conclude that this is something that we can live without; that is absolutely unnecessary, totally unaffordable and should be adjourned sine die.

It seems that our political leaders are living in a world far removed from the realities now facing the Jamaican people. These legislators must be deaf, dumb and blind to the tragedies and outrageous misfortunes overwhelming the society. Were they not blinkered and insensitive to our pain they would not be even whispering about a debate or referendum to decide whether or not this CCJ is necessary for our social, moral or economic well-being.

They would squarely face the fact that, whatever its virtues, a Caribbean court will not improve justice in this country; will not provide one social amenity to make life easier for anyone here; will not create employment except for a few judges, already gainfully occupied; and will do nothing to enhance our pride or national spirit.

COST OF LITIGATION

Politicians may consider the CCJ as an essential part of their mission; so might the handful of Jamaicans who will seek the services of a court of justice higher than the Jamaican Court Appeal.

But let it be noted that the vast majority in this country cannot afford the cost of litigation in the Supreme Court or Court of Appeal, much less a third tier such as the Privy Council or the proposed CCJ.

For those who desire to go beyond the Jamaican Court of Appeal, we already have constitutional access to one of the highest, most trusted courts in the world. It has served us and other nations for more than a 150 years. Confidence in its competence and integrity has never been shaken and it does not need fixing. What is in need of urgent repair is the Jamaican system, which often produces judicial decisions that astound intelligent observers and leave the masses crying, 'we want justice'.

The bedrock of any justice system must be the confidence of the people. Who is to say that a court created by overly anxious politicians will not suffer from their interference? Can we really have confidence in a court established by politicians, some of whose actions have already been found by the Privy Council to be unconstitutional? Can we have faith in a court being eagerly promoted by an administration that refuses every opportunity to be open and transparent in its handling of our affairs?

OPERATIONAL EXPENSES

The Jamaican Government has already notified us that it will have to borrow millions of U.S. dollars to help establish this CCJ and cover its operational expenses. We must not let them do this wicked thing to us. We must not let them even spend money on a referendum until they have suitably addressed the evil conditions under which Jamaicans now exist.

We must first fix deficiencies such as a broken down judicial system in which justice is persistently delayed, the constabulary is consistently accused of brutality, witnesses, scared out of their wits, are afraid to give evidence, criminals walk free and the correctional system cannot afford to feed its prisoners. We must fix these unjust situations before we talk about a CCJ.

We must look at these and other deficiencies and then decide where in the order of priorities we will place a CCJ which, at best, can only be an imitation of the Privy Council.

I am, etc.,

KEN JONES

alllerdyce@hotmail.com