CCJ moving in other areas

Nov 14, 2021 Letters

Dear Editor,

Kaieteur News – Although only four countries accepted the Caribbean Court of Justice (CCJ) as the final court in its appellate jurisdiction, the Port of Spain based court is nevertheless busy because it determines a large number of issues in its original jurisdiction. Now it seems as if the regional court is moving into other areas in its quest to ensure that justice is served.
The Court on Thursday decided to seek a modification of section 72 of the Criminal Law (Procedure) Act of Guyana which allows the DPP to ask a High Court Judge to review the depositions from a Preliminary Inquiry and exercise his/her independent discretion on whether to direct a committal or not. The CCJ was, at the time, dealing with an appeal by Marcus Bisram, a U.S. based Guyanese, who is charged with murder allegedly committed in Corentyne a few years ago. The DPP had committed Bisram to trial before a judge and jury, although a Magistrate found that there was not sufficient evidence to warrant a trial and freed the accused.
The DPP then directed the Magistrate to commit Bisram to a trial. An appeal followed and a first instant judge overruled both the Magistrate and the DPP, but the Guyana Court of Appeal set side the Judge’s decision. Bisram’s lawyer moved to the CCJ, the final court of the land, which was puzzled at the wording of section 72 (1) and (2) since it is inconsistent with Articles 122 A and 144 of the Constitution.
The DPP itself, and Bisram’s lawyer, Darshan Ramdhani, QC, are to file written submissions for a ruling by the CCJ. The CCJ through its former President, Sir Denis Byron, and the current Head, Justice Adrian Saunders, also tried to urge the President and Opposition Leader in Guyana to arrive at a compromise and confirmed the Chancellor of 15 years. Both Carl Singh and Ian Chang acted in their positions for more than 12 years. They both retired without being confirmed. As a matter of fact, Chang has since passed. Now both the Chancellor Yonette Cummings-Edwards and Chief Justice Roxanne George are acting, and they have been “actresses” for several years.
Guyanese are very pleased with the CCJ because it played a very important role in the election process cases: the appointment of the Chairman of the Elections Commission, determining that 33 is the majority of 65, and the insertion of the word “valid” into the Constitution, and the recounting of the votes. The CCJ ruling was lauded in the freedom of movement case in which Jamaican Shanique Myrie was harassed as she sought entry in Barbados.
So far only four countries have abolished appeals to the Privy Council: Guyana, Barbados, Belize and Dominica; it is disappointing that Jamaica and Trinidad and Tobago, the two countries which were in the forefront in advocating the establishment of the regional court, have not yet abolished appeals to the Privy Council.

Oscar Ramjeet

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