Subscribe Login
Jamaica Observer
ePaper
The Edge 105 FM Radio Fyah 105 FM
Jamaica Observer
ePaper
The Edge 105 FM Radio Fyah 105 FM
    • Home
    • News
      • Latest News
      • Cartoon
      • International News
      • Central
      • North & East
      • Western
      • Environment
      • Health
      • #
    • Business
      • Social Love
    • Sports
      • Football
      • Basketball
      • Cricket
      • Horse Racing
      • World Champs
      • Commonwealth Games
      • FIFA World Cup 2022
      • Olympics
      • #
    • Entertainment
      • Music
      • Movies
      • Art & Culture
      • Bookends
      • #
    • Lifestyle
      • Page2
      • Food
      • Tuesday Style
      • Food Awards
      • JOL Takes Style Out
      • Design Week JA
      • Black Friday
      • #
    • All Woman
      • Home
      • Relationships
      • Features
      • Fashion
      • Fitness
      • Rights
      • Parenting
      • Advice
      • #
    • Obituaries
    • Classifieds
      • Employment
      • Property
      • Motor Vehicles
      • Place an Ad
      • Obituaries
    • More
      • Games
      • Elections
      • Jobs & Careers
      • Study Centre
      • Jnr Study Centre
      • Letters
      • Columns
      • Advertorial
      • Editorial
      • Supplements
      • Webinars
    • Home
    • News
      • Latest News
      • Cartoon
      • International News
      • Central
      • North & East
      • Western
      • Environment
      • Health
      • #
    • Business
      • Social Love
    • Sports
      • Football
      • Basketball
      • Cricket
      • Horse Racing
      • World Champs
      • Commonwealth Games
      • FIFA World Cup 2022
      • Olympics
      • #
    • Entertainment
      • Music
      • Movies
      • Art & Culture
      • Bookends
      • #
    • Lifestyle
      • Page2
      • Food
      • Tuesday Style
      • Food Awards
      • JOL Takes Style Out
      • Design Week JA
      • Black Friday
      • #
    • All Woman
      • Home
      • Relationships
      • Features
      • Fashion
      • Fitness
      • Rights
      • Parenting
      • Advice
      • #
    • Obituaries
    • Classifieds
      • Employment
      • Property
      • Motor Vehicles
      • Place an Ad
      • Obituaries
    • More
      • Games
      • Elections
      • Jobs & Careers
      • Study Centre
      • Jnr Study Centre
      • Letters
      • Columns
      • Advertorial
      • Editorial
      • Supplements
      • Webinars
  • Home
  • News
    • International News
  • Latest
  • Business
  • Cartoon
  • Games
  • Food Awards
  • Health
  • Entertainment
    • Bookends
  • Regional
  • Sports
    • Sports
    • World Cup
    • World Champs
    • Olympics
  • All Woman
  • Career & Education
  • Environment
  • Webinars
  • More
    • Football
    • Elections
    • Letters
    • Advertorial
    • Columns
    • Editorial
    • Supplements
  • Epaper
  • Classifieds
  • Design Week
Judge throws out Isat Buchanan’s JP lawsuit against custos, justice minister
Isat Buchanan
Latest News
February 25, 2024

Judge throws out Isat Buchanan’s JP lawsuit against custos, justice minister

KINGSTON, Jamaica- A claim by attorney Isat Buchanan that he was wrongfully denied being appointed a justice of the peace (JP) has been thrown out by Supreme Court judge Justice Tara Carr who found that the arguments advanced by him are pointless.

Buchanan had filed the suit after applying to Custos of Kingston Steadman Fuller to become a JP in January 2017. He named the Advisory Committee for the Custos and Justice Minister Delroy Chuck as second and third defendants, respectively.

Essentially Buchanan had argued that he was informed, in a letter dated March 5, 2019, that his application had been approved.

He thereafter completed the mandatory training course at the Judicial Training Institute.

However, on May 17, 2019, he received a telephone call and the custos informed him that he wished to meet with him on May 21, 2019.

On that date, the custos advised him that he and the Advisory Committee had reviewed his application and decided that they would not recommend his commission as a JP on the basis that they were not satisfied that he was a person of unquestionable character.

Information received by the custos indicated that Buchanan had failed to disclose that he had previous criminal convictions when making his application and, as such, the governor general was to be advised of this decision.

In response, Buchanan applied to the court for leave to seek judicial review of the decision and was granted leave on October 7, 2019 to seek the remedies of Certiorari and Mandamus.

However, Buchanan amended the claim on April 22, 2020, and removed the request for orders of Certiorari and Mandamus. Instead he sought declaratory relief that he was recommended by the justice minister as a person to be appointed a JP, consistent with section 6 (5) of the Justice of the Peace Act, 2018; that in fulfilment of his statutory responsibility under section 6 (6) of the Act he participated and completed the relevant training courses; that he was commissioned as a JP for the parish of Kingston on May 29, 2019 by the governor general and based on that he had a legitimate expectation to be commissioned by the custos.

During the matter, heard on November 7, 2023 and February 23, 2024 it was disclosed that on the section of application that asked “Have you ever been found guilty of a criminal offence?” Buchanan ticked the box “no”.

Because of his status as an attorney-at-law, the custos stated that he did not refer Buchanan’s application to the police for further checks but instead sent the application to the justice minister for his consideration.

However, while Buchanan was attending the training course for prospective JPs the custos was informed by another JP that Buchanan had a prior history with the criminal law. The custos was also contacted by a senior police officer assigned to the Deportee Centre who indicated that Buchanan would not be a suitable person to attend the centre as he had been previously processed there as a deportee.

“Having received these complaints, the custos reviewed the application of the claimant and referred the application to the committee. The committee decided not to appoint the claimant as a JP, as they formed the view that, ‘Mr Buchanan’s failure to truthfully represent his position in relation to the convictions made it impossible for the Advisory Committee to be of the view that Mr Buchanan, at the time of his application, was of ‘unquestionable integrity’,” Justice Carr said in the ruling.

She concluded that the first three declarations sought by Buchanan “are superfluous” and refused them.

The judge also ruled that he is not entitled to a declaration that he had a legitimate expectation to be appointed as a JP as he failed to make full disclosure on his application thereby nullifying his recommendation.

Additionally, she ruled that Buchanan is not entitled to take the oath of office as the custos, in the exercise of his discretion, “has found that he has not met the requirements as set out in the Justice of the Peace Act”.

Justice Carr made no order as to costs.

{"jamaica-observer":"Jamaica Observer"}
img img
0 Comments · Make a comment

ALSO ON JAMAICA OBSERVER

Eastern Hanover residents welcome hurricane relief donations from BGLC
Latest News, News
Eastern Hanover residents welcome hurricane relief donations from BGLC
December 19, 2025
Residents in the eastern Hanover communities of Jericho, Retrieve, and Morris have welcomed recent hurricane relief donations of tarpaulins, tents, ma...
{"jamaica-observer":"Jamaica Observer"}
UN declares famine over in Gaza, says ‘situation remains critical’
International News, Latest News
UN declares famine over in Gaza, says ‘situation remains critical’
December 19, 2025
GAZA, Palestinian Territories (AFP) — A famine declared in Gaza in August is now over thanks to improved access for humanitarian aid, the United Natio...
{"jamaica-observer":"Jamaica Observer"}
Cornwall College, Clarendon College set up Ben Francis Cup final clash
Latest News, Sports
Cornwall College, Clarendon College set up Ben Francis Cup final clash
December 18, 2025
ST ANN, Jamaica — Cornwall College and Clarendon College, two of the most successful schoolboys' football teams in Jamaica, set up another final after...
{"jamaica-observer":"Jamaica Observer"}
TikTok signs joint venture deal to end US ban threat
International News, Latest News
TikTok signs joint venture deal to end US ban threat
December 18, 2025
WASHINGTON, United States (AFP) — TikTok said Thursday it had signed a joint venture deal with investors that would allow the company to maintain oper...
{"jamaica-observer":"Jamaica Observer"}
48-hour curfew imposed in St Andrew Central
Latest News, News
48-hour curfew imposed in St Andrew Central
December 18, 2025
KINGSTON, Jamaica – A 48-hour curfew has been imposed in the St Andrew Central Police Division.  The curfew will began at 6:00 pm, on Thursday, Decemb...
{"jamaica-observer":"Jamaica Observer"}
Marathoner ‘Daddy Roy’ Thomas dies at 97
Latest News, News, Sports
Marathoner ‘Daddy Roy’ Thomas dies at 97
December 18, 2025
KINGSTON, Jamaica – Fitness enthusiast Roy Thomas, a well-known figure on the local running circuit, has died aged 97. The Reggae Marathon confirmed T...
{"jamaica-observer":"Jamaica Observer"}
Reggae Boyz could face Nigeria in play-off after complaint against DR Congo
Latest News, Sports
Reggae Boyz could face Nigeria in play-off after complaint against DR Congo
December 18, 2025
Jamaica’s Reggae Boyz could face Nigeria in a final shot at World Cup 2026 qualification if the Super Eagles are successful in a complaint they filed ...
{"jamaica-observer":"Jamaica Observer"}
Mobile skate tour for downtown Kingston this weekend
Latest News, News
Mobile skate tour for downtown Kingston this weekend
December 18, 2025
KINGSTON, Jamaica — The Jamaica Skate Culture Foundation (JSC) will officially launch the Jamaican Skate Tour with a three-day kick-off event in downt...
{"jamaica-observer":"Jamaica Observer"}
❮ ❯

Polls

HOUSE RULES

  1. We welcome reader comments on the top stories of the day. Some comments may be republished on the website or in the newspaper; email addresses will not be published.
  2. Please understand that comments are moderated and it is not always possible to publish all that have been submitted. We will, however, try to publish comments that are representative of all received.
  3. We ask that comments are civil and free of libellous or hateful material. Also please stick to the topic under discussion.
  4. Please do not write in block capitals since this makes your comment hard to read.
  5. Please don't use the comments to advertise. However, our advertising department can be more than accommodating if emailed: advertising@jamaicaobserver.com.
  6. If readers wish to report offensive comments, suggest a correction or share a story then please email: community@jamaicaobserver.com.
  7. Lastly, read our Terms and Conditions and Privacy Policy

Recent Posts

Archives

Facebook
Twitter
Instagram
Tweets

Polls

Recent Posts

Archives

Logo Jamaica Observer
Breaking news from the premier Jamaican newspaper, the Jamaica Observer. Follow Jamaican news online for free and stay informed on what's happening in the Caribbean
Featured Tags
  • Editorial
  • Columns
  • Health
  • Auto
  • Business
  • Letters
  • Page2
  • Football
Categories
  • Business
  • Politics
  • Entertainment
  • Page2
  • Business
  • Politics
  • Entertainment
  • Page2
Ads
img
Jamaica Observer, © All Rights Reserved
  • Home
  • Contact Us
  • RSS Feeds
  • Feedback
  • Privacy Policy
  • Editorial Code of Conduct