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BY RICKEY SINGH Observer Caribbean correspondent  
April 16, 2005

CCJ finally launched

Port of Spain, Trinidad – The Caribbean Court of Justice was officially launched here yesterday with a promise, from President Michael de la Bastide, that it will provide justice for all and be free from political interference.

His ringing assurance was in stark contrast to the lingering reservations and expressed fears of some politicians, lawyers and civil society groups.

“Have no fear. Justice is assured for all,” said de la Bastide. “This is a court you, the people, will come to deeply respect and cherish by its performance based on competence and integrity.”

The 67 year-old retired chief justice of Trinidad and Tobago was making the final of a series of ‘statements’ that began with the secretary-general of Caricom, Edwin Carrington.

De la Bastide made it clear that he, personally, would not be manipulated.

“If, in their acceptance of the recommendation of the Regional Judicial and Legal Services Commission (RJLSC) of me as the first president of the CCJ, (they thought) that I could be pliable, then the heads of government of the Community may have made a wrong choice with their eyes wide open…,” he said with a wry smile, as he stared at the overflowing audience at the spacious Queen’s Hall.

During his address, the CCJ president pointed out, to the people of Caricom, the “remarkable, unique features” of the Community’s newest institution such as:

. the regional court’s dual role of providing original jurisdiction for trade matters while, eventually, replacing the Judicial Committee of the UK-based Privy Council as the final court of appeal for all member states;

. the institutionalisation of mechanisms – “thanks to “the vision and commitment of past and present heads of government” – to ensure its independence from political manipulations or influence;

. the fact that the CCJ is to be funded independently from a trust fund, established by the Caribbean Development Bank – which was successful in raising US$100 million for the operations of the court.

There is no representative of the Caricom governments on the trust fund, and provisions have been made to protect the unhindered functioning of the court should there be any default in honouring of payments.

Together, these “unique features make the CCJ an extraordinary, well-protected legal institution in the service of the Caribbean people,” de la Bastide proudly declared.

His comments were met with cheers of approval from the distinguished gathering of regional decision-makers, legal luminaries, representatives of opposition parties, leading non-government organisations, cultural and religious personalities.

The inauguration of the regional court began with an inter-faith service, reflecting the multi-ethnicity and religious diversity of the region’s peoples. There were musical items and songs, culminating with an inspiring steel pan rendition of We are the world, performed by the famous Trinidadian exponent of pan music, Lens Boogsie Sharp.

Earlier, with the CCJ’s president and initial panel of six judges seated on the stage against the backdrop of national flags and overhanging replicas of the court’s seal – a linked CCJ acronym – and amid cultural presentations, statements were also delivered by Prime Minister of Trinidad and Tobago Patrick Manning and Prime Minister of St Lucia Kenny Anthony.

De la Bastide commended Guyana and Barbados for being prepared for the general final appellate as well as original jurisdictions of the CCJ, and urged other member states to expedite their own arrangements.

Seated among the audience were the president of Guyana, Bharrat Jagdeo, and Prime Minister Owen Arthur of Barbados. With them were their respective parliamentary leaders – Robert Corbin, leader of the People’s National Congress/Reform, and Clyde Mascoll of the Democratic Labour Party.

Among noticeable absentee politicians were the opposition leaders of Jamaica and Trinidad and Tobago, Ken Baugh and Basdeo Panday respectively.

Jamaica’s Prime Minister P J Patterson said he was most happy to witness the official launch of the first phase of the CCJ, and was now looking forward to the second step of “national consultations” to hasten the process that would finally result in the CCJ as “our final appellate court, replacing the Privy Council”.

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