The Privy Council has no place in the republic
Dear Editor,
I strongly believe that Jamaica should discontinue its relationship with the Privy Council when it becomes a republic.
The continued use of the Privy Council as Jamaica’s final court of appeal is a reminder of our historical relationship with Great Britain and goes against the idea of true independence. The Privy Council, located thousands of kilometres away in London, England, complicates justice administration due to communication and logistical challenges. A recent example is the case of Shanique Myrie, a Jamaican woman who was denied entry to Barbados in 2011. The case went through various courts in Jamaica and Barbados before being appealed to the Privy Council. However, the Privy Council only heard the case in November 2017, with the judgement delivered in October 2018, due to a backlog of cases before the council and lower court delays.
Moreover, the Privy Council has the power to overrule decisions made by Jamaican courts and interpret Jamaican laws as they deem appropriate. This contradicts the concept of independence and raises an important question: Why would a country seek republic status but maintain a foreign court as its final court of appeal?
Notably, no republic currently has a final court of appeal outside of its own country. Generally, republics have their own fully independent court of appeal. Exceptions, of course, include Barbados and Trinidad and Tobago, which currently use the Caribbean Court of Appeal located in Trinidad.
Furthermore, most Jamaicans cannot afford legal representation, particularly for the expense of representation at the Privy Council; thus, many Jamaicans are unable to file cases with the Privy Council, rendering the current arrangement impractical.
The judges on the Privy Council do not represent Jamaica’s population and, therefore, lack understanding and sensitivity for local customs and traditions. Relying on a foreign court system to make decisions about our laws compromises Jamaica’s sovereignty.
As part of its efforts towards becoming a true republic, Jamaica must expeditiously consider establishing a local court of appeal that is fully independent. In the absence of a local court of appeal, the Caribbean Court of Justice (CCJ) should be considered as an alternative. Failure to do so means that Jamaica will not be able to achieve true republic status in its purest form, which would be detrimental to all Jamaicans.
Mario Brown
Montego Bay
marr1989@yahoo.com
