Dear Editor,

I am as baffled by your editorial of May 6, “Time is not on our side, Mrs Chief Justice”, as you claim to be by the chief justice’s decision to reserve judgement in the application by Mr Christopher Coke for judicial review of the Minister’s Order to proceed with the extradition process.

You should know that reserving judgement is an ordinary, not extraordinary, judicial procedure in cases that raise important questions of law.

You should also know that the fact that Mr Coke is a fugitive is irrelevant to the outcome of the judicial review, since his presence is not required for the hearing of the motion.

But the most important thing for you to know is that our judges decide cases on the basis of the evidence presented before them and the submissions of counsel. I am appalled that you should say or imply that there could be any other basis for the chief justice’s decision in this case. Popular opinion and expediency are not proper bases for judicial decisions. Therefore, the possibility that, should the motion be granted, “the country would”, as you say, “find itself right back to square one” is immaterial and irrelevant to the outcome of the judicial review.

The editorial, which borders on being contemptuous and irresponsible, also refers to the Caribbean Court of Justice, and, by some specious reasoning, makes a link between the result of the judicial review and our fitness and readiness to move from the UK Privy Council to that court. That, as you should know, is another piece of irrelevance and illogic.

Jamaica is a constitutional democracy. The most fundamental facet of our constitution is respect for the rule of law. That is a principle that is as applicable in periods of public emergency as it is in ordinary times. In fact, the best test of a country’s adherence to the rule of law is how it treats the relationship between freedom and security in difficult times, such as those currently being experienced in Jamaica.

The editorial is tantamount to endorsing a departure from the values implicit in that hallowed principle. I take comfort in the knowledge that it will be ignored by the judiciary and all well-thinking Jamaicans.

Patrick Robinson

President

International Criminal Tribunal

for the former Yugoslavia

Churchillplein 1

2517 JW The Hague, The Netherlands