THE Jamaican Bar Association yesterday warned the ruling People's National Party (PNP) not to interpret a victory in this month's general elections as approval by the electorate for the establishment of the proposed Caribbean Court of Justice (CCJ).

In fact, the lawyers' group said the inclusion of this issue in the PNP's manifesto "can only be interpreted as a statement of the intention and/or policy of the government if elected".

Last month, Prime Minister P J Patterson restated the PNP's intention to make their commitment to abandon the London-based Privy Council as Jamaica's final court of appeal, a major plank of their re-election campaign.

Patterson also said that the PNP would use the October 16 general elections to get a mandate from the people to push through constitutional changes to make it easier to enforce the death penalty.

Jamaica and several other Caribbean Community (Caricom) states are establishing the CCJ as their court of final resort in criminal and civil matters, but the Opposition Jamaica Labour Party (JLP), which opposes the court, has insisted that the matter be put to a referendum.

Yesterday, the Bar Association reiterated its preference for a referendum on the issue and insisted that the abolition of appeals to the Privy Council and/or the establishment of the CCJ cannot be determined by the result of the general elections.

The Bar Association argued that the Constitution of Jamaica gives each individual the right of appeal to the Privy Council. Therefore, the association said, "in the spirit of democracy and respect for the popular will, it is desirable that the individual be consulted before that right is removed".

The lawyers' group also said that there were valid contending concerns about:

* the condition of Jamaica's justice system and whether resources would not, at this time, be better spent on improving the system;

* the structure of the proposed court and its several defects which may lead to fragility and impairment of our justice system; and

* issues of cost, affordability and the dearth of information in that regard.

Critics of the CCJ, which will also have jurisdiction over issues relating to the operation of the proposed Caribbean Single Market and Economy, have questioned the quality of jurisprudence in the region and have argued that it will fall under the influence of politicians.

Human rights advocates also say that it will be a hanging court and a way for regional governments to get around several recent Privy Council rulings that have circumscribed their ability to hang.

At the height of the debate on the proposed court last year, Patterson, who has insisted that replacing the Privy Council required only a majority of votes in the House and the Senate, said that he would place the CCJ as an election campaign issue.

He reinforced that position last month at a press conference dealing with issues in the PNP's manifesto.

"We have made it an issue about which we are going to the people," said Patterson.

The PNP, he said, would similarly seek endorsement for its constitutional changes to make it easier to hang murder convicts.

In its manifesto, the PNP has proposed to have specific statements in the constitution to overturn the 1993 Pratt and Morgan ruling that executions have to be carried out within five years, or the punishment becomes cruel and inhumane.

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