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Kamla ready for T&T to join CCJ, but….

Apr 22, 2014 Letters

DEAR EDITOR,
As members of the Regional Judicial Service Commission are about to make known the replacement for retired Caribbean Court of Justice (CCJ) lone female judge, Desiree Bernard, Trinidad and Tobago Prime Minister, Kamla Persad-Bissessar announced that her country will abolish appeals to the Privy Council, and join the regional Court.
She however said that there are a few hurdles, explaining that under the Trinidad and Tobago Constitution, the UK-based Privy Council as the country’s highest appellate court is one of the most entrenched provisions, which will not allow a simple majority to remove. The Prime Minister, who is also a Senior Counsel, stressed that the CCJ is inevitable, not only for Trinidad and Tobago, but all of us in the Caribbean.
A referendum by the electorate is required, she said, and at least two-thirds must agree for the change. She was at the time speaking at the official opening of the Faculty of Law of the University of the West Indies, St Augustine Campus, where the President of the CCJ, Sir Dennis Byron, was one of the speakers who had earlier spoken out against countries which were reluctant to join the regional appellate court.
Persad-Bissessar, two years ago, said that she was considering her country to join the CCJ as the final court only in civil appeals, while criminal cases must still be dealt with by the London-based Privy Council.
So far only three countries – Guyana, Barbados and Belize – have abolished appeals to the Privy Council, and Dominica is now on the verge of joining – having obtained the green light from the British Government. Trinidad and Tobago was in the forefront of the establishment of the CCJ, hence the reason why Port of Spain was chosen as the headquarters of the regional court which was inaugurated in April 2005. Jamaica is also considering joining the regional court, but will also have to go through a referendum process.
Oscar Ramjeet

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