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
      • Business Bites
      • Social Love
    • Sports
      • Football
      • Basketball
      • Cricket
      • Horse Racing
      • World Champs
      • Commonwealth Games
      • FIFA World Cup
      • Olympics
      • #
    • Videos
    • 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
      • #
    • Obits
    • 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
      • Business Bites
      • Social Love
    • Sports
      • Football
      • Basketball
      • Cricket
      • Horse Racing
      • World Champs
      • Commonwealth Games
      • FIFA World Cup
      • Olympics
      • #
    • Videos
    • 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
      • #
    • Obits
    • 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
    • Business Bites
  • Cartoon
  • Games
  • Food Awards
  • Health
  • Entertainment
    • Bookends
  • Regional
  • Sports
    • Sports
    • World Cup
    • World Champs
    • Olympics
  • Videos
  • Career & Education
  • Classifieds
  • All Woman
  • Environment
  • Webinars
  • More
    • Football
    • Elections
    • Letters
    • Advertorial
    • Columns
    • Editorial
    • Supplements
  • Epaper
  • 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

Death toll from Ghana’s flood climbs to 12
International News, Latest News
Death toll from Ghana’s flood climbs to 12
June 30, 2026
ACCRA, Ghana (AFP) — The death toll from flooding that paralysed Ghana's capital has risen to at least 12, emergency services said on Tuesday, after t...
{"jamaica-observer":"Jamaica Observer"}
Morocco beat Netherlands on penalties to reach World Cup last 16
Football, Latest News, Sports, ...
Morocco beat Netherlands on penalties to reach World Cup last 16
June 29, 2026
MONTERREY, Mexico (AFP) — Morocco defeated the Netherlands in a penalty shoot-out on Monday to reach the last 16 of the World Cup. Ismael Saibari conv...
{"jamaica-observer":"Jamaica Observer"}
‘We came from nothing’: DR Congo dreams of England World Cup upset
Football, Latest News, Sports, ...
‘We came from nothing’: DR Congo dreams of England World Cup upset
June 29, 2026
ATLANTA, United States (AFP) — DR Congo’s long road to a first World Cup in 52 years has been beset by challenges that their English opponents in the ...
{"jamaica-observer":"Jamaica Observer"}
Key Venezuela port opens with US aid, as burials begin
Latest News, Regional
Key Venezuela port opens with US aid, as burials begin
June 29, 2026
CARACAS, Venezuela (AFP) — The United States (US) military repaired and reopened a key seaport in the hardest hit area of Venezuela on Monday, as the ...
{"jamaica-observer":"Jamaica Observer"}
Agricultural sector rebounds with almost 200,000 tonnes of produce — Green
Latest News, News
Agricultural sector rebounds with almost 200,000 tonnes of produce — Green
June 29, 2026
KINGSTON, Jamaica — Minister of Agriculture, Fisheries and Mining, Floyd Green, says despite the devastation of Category Five Hurricane Melissa last O...
{"designweek":"Design week", "jamaica-observer":"Jamaica Observer"}
Jamaica must leverage achievements of athletes to attract investments – PS
Latest News, News
Jamaica must leverage achievements of athletes to attract investments – PS
June 29, 2026
KINGSTON, Jamaica— Although Jamaica has earned global recognition through the achievements of its athletes, the country must now focus on leveraging t...
{"jamaica-observer":"Jamaica Observer"}
Manchester police impose curfew in Greenvale after man shot in face
Latest News, News
Manchester police impose curfew in Greenvale after man shot in face
June 29, 2026
MANCHESTER, Jamaica — A 48-hour curfew has been imposed in the troubled Manchester community of Greenvale following Saturday’s shooting of a resident....
{"jamaica-observer":"Jamaica Observer"}
JN Foundation opens applications for 2026 PEP scholarships
Latest News, News
JN Foundation opens applications for 2026 PEP scholarships
June 29, 2026
KINGSTON, Jamaica (AFP) — Students and guardians are being invited to apply for the JN Foundation 2026 Primary Exit Profile (PEP) scholarships, which ...
{"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