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Quality of justice
Letters
November 21, 2021

Quality of justice

Dear Editor,

The Caribbean Court of Justice has recently affirmed the dissenting judgement of Campbell JA, sitting in the Belize Court of Appeal. In doing so doing Justice Campbell enjoys the singular distinction of having had his judgements upheld by two Apex Courts — the Privy Council and the Caribbean Court of Justice (CCJ) — the rulings coming within six months of each other.

You will, no doubt, recall that earlier this year the Privy Council, in the local case of Trafigura, affirmed Campbell J’s expanded view on “open justice”, expressed whilst he was sitting in the Supreme Court of Jamaica.The slight reservations our Court of Appeal opined was respectfully shunted by the Privy Council . Another newspaper memorialised in its editorial cartoon the onslaught on the court in that battle.

The hurdles in the Belizean case were equally daunting. Campbell disagreed with the Stamp Commissioner of Belize decision to assess the value of property in disregard of the consideration obtained in the open market there being no exceptional circumstances noted. He also disagreed with the judge in the Supreme Court, as well as the other members of the panel in the Court of Appeal — the then President and the present President.

He disagreed with them all and was vindicated by the Caribbean Court of Justice.

This proves beyond any doubt the brilliance of Justice Campbell in his adjudications, and makes a strong case for other learned judges in Jamaica and the Caribbean to handle our cases in the CCJ and dispense with the Privy Council.

Donovan McLean

Mississauga, Canada

danni-mackie@hotmail.com

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