Dennie Quill, Contributor
THE CARIBBEAN Court of Justice (CCJ) which was inaugurated in August 2005, recently moved into spanking new headquarters in Port-of-Spain, capital of Trinidad and Tobago. The CCJ is housed in a four-storey building with two courtrooms, attorneys' and judges' libraries, administrative offices, judges' chambers and common room. But hold your applause a moment, please.
This is kind of a regional joke. Consider this - a panel of 10 highly-paid judges with support staff of about 50 has heard four appeals and an application for leave to appeal in almost a year. Madness! You see only Barbados and Guyana have formally adopted the CCJ as their final appellate court. Yet, our governments have committed to footing the US$100 million bill for operating the court.
And even though the twin-island republic is hosting the CCJ, it is doubtful whether the CCJ will ever be accepted by the majority of its people as a final court. In the recent case against former Prime Minister Basdeo Panday, English Q.C.s overran the courts as obviously both the prosecution and the defence believe in their superior abilities. Right now the Opposition UNC party is challenging the legality of the court. T&T is the largest backer of the CCJ and has reportedly contributed US$34.3 million, although not a case has been heard on its behalf.
Jamaica is said to be the second largest backer of the court and its share of the financial obligation is somewhere around US$28 million. And not a case has been heard on its behalf.
How can this expenditure be justified by a country where hospitals are short of medicine, schools have no furniture, the police force is ill-equipped and there is no money to clean drains? Is the Minister of Finance serious about plugging the spending gap?
HUGE CHUNK OF THE EXPENSES
And having committed to such a huge chunk of the expenses why doesn't the Government see it as a priority to settle the question of the CCJ? Having taken the first steps, down the CCJ road, the Government of Jamaica and the other territories which signed the agreement must accept that the task needs to be finished. At this time there is scant evidence that the regional parliaments will oblige.
In addition to replacing the Judicial Committee of the U.K. Privy Council, the CCJ is vested with authority to look into trade disputes arising from the operations of the Caricom Single Market and Economy (CSME).
So, here I am trying to sketch a day in the life of CCJ President Michael de la Bastide in his new court. One may recall that the first day the court sat on August 8, 2005, there was a bomb scare and the president complained about the "uncomfortable courtroom accommodation". Now he has all the comfort and grandeur he desires. Yet, the president and his panel must be bored stiff as they luxuriate in plush upholstered seats for morning coffee and afternoon tea.
Then I saw The Gleaner headline 'CCJ mulls death penalty'. Finally, there is work for the judges and support staff. Many critics of the CCJ have been arguing that the motivation for establishing this court is driven by governments who have been stung by the reversals of death penalty cases at the Privy Council.
Barbados has asked the CCJ to overturn the 1993 Privy Council's ruling in Pratt and Morgan which has effectively blocked executions across the region because they wanted to hang two men who were convicted in 1999 of beating a man to death. If the CCJ were to settle the vexed question of capital punishment it could start looking like a viable regional institution.
My question is this: Why was there this almighty haste to set up the court when it was obvious that many countries could not take advantage? Who stands to benefit other than the judges and the staff? Oh, Trinidad and Tobago, of course, being the site of the court will gain some economic spin-offs.
Everyday that the expensively maintained CCJ remains idle sees confidence in its viability bleeding away.
Dennie Quill is a veteran journalist who may be reached at denniequill@hotmail.com.
