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Baseless opposition to the CCJ, Observer
The Caribbean Court of Justice is the judicial institution of Caricom.online
Letters
April 7, 2022

Baseless opposition to the CCJ, Observer

Dear Editor,

The Jamaica Observer has been consistently expressing opposition to the accession of Jamaica to the appellate jurisdiction of the Caribbean Court of Justice (CCJ).

This opposition is not based on any argument as to the competence of the judges of the CCJ. It could hardly be. The intellectual process and jurisprudential qualities of Caribbean lawyers have been demonstrated to be equal to those of the United Kingdom and other Commonwealth countries wherever they have met — at universities, the Inns of Court, and in legal practice.

We now have over a decade of judgements from the CCJ to make an assessment. All informed individuals and experts of whom I am aware highly rate the CCJ judgements.

The second issue repeatedly mentioned by the Observer relates to delay and inefficiency.

There is no basis for any such allegation or apprehension with respect to the CCJ. Not only is its own record impeccable, but it has taken the initiative to introduce advanced technology in its own administration as well as to encourage and assist other Caribbean jurisdictions to do the same. Like the Privy Council, the CCJ has been very critical of undue delays in lower courts in the administration of justice.

The third concern raised is that some regional politicians are predisposed to interfere in the legal process.

There is absolutely no evidence or even accusation that there has been such interference with the judges of the CCJ. In fact, their method of appointment, the determination of their terms of engagement, and the financing of the court have been arranged in such a manner as to minimise, if not eliminate, the risks of such interference. Moreover, several decisions of the court demonstrate that its judges are not subject to any such influence.

I endorse your appeal that we should “work on making our justice system in Jamaica and the region a model of efficiency, objectivity, fairness, and a safe place for our people to take their grievances with utmost confidence”.

However, we must acknowledge and support our judicial institutions when, as the CCJ has done, they achieve those standards.

Lloyd G Barnett

Attorney-at-law

dr.lgbarnett@gmail.com

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