KINGSTON, Jamaica— Minister of Legal and Constitutional Affairs, Marlene Malahoo Forte, has taken issue with one aspect of the ruling by the Constitutional Court that found that the fundamental right to freedom of St James taxi operator Roshaine Clarke, which is guaranteed by the Jamaican Constitution, was breached.

Specifically, Malahoo Forte has taken issue with the wording of the judgment which stated that the right to freedom and liberty was the most important right.

The Full Court ruled on June 17 that Clarke’s fundamental right to freedom and liberty was breached when he was detained for seven months under a state of emergency that was declared for the parish of St James in January 2018.

Clarke, who was also denied medical care while he was locked up by the State, was awarded approximately $18 million which is inclusive of compensatory, vindicatory and aggravated damages.

READ: St James cabbie awarded nearly $18 million in SOE detention suit

Turning to the Clarke judgment, Malahoo Forte said: “The country has been preoccupied with discussions on rights and freedoms and I noted that in the discussion, the judgment of the court in Roshaine Clarke and the Attorney General is typical. And I note in paragraph 86 of the judgment the court indicating that the right to liberty is the most important right of every human being and I’ve been reflecting on that”.

Continuing, the minister said: “As I think of this event where both sides of the isle (the House) are united in the outcry, I really part company with that part of the judgment because where I’m coming from it is the right to life that is the top tier right for me”.

Malahoo Forte said that as country “I think in all of the work that needs to be done, is the important work of bringing back a level of sacredness around life so that the taking of life as almost a first resort to resolve dispute is going to be seen as so unacceptable as it is seen in this House on this occasion today (Tuesday)”.

Malahoo Forte, who joined her colleagues in the House of Representatives on Tuesday as they denounced the savage killing of Clarendon mother, 34 year-old Kemisha Wright and her four children, 15-year-old Kimana Smith, 10-year-old Shemari Smith, five-year-old Kafana Smith, all girls and her 23-month-old son, Kishaun Henry, said “this past week has left me with so much to reflect on”.

The legal and constitutional affairs minister conceded that her referring to the judgment may be frowned upon by some people but argued that “it is important because it is part of the reflection that is taking place at this time”.

“My reference is not meant to decry anything but to simply say that from where I’m looking at it and in particular the context of this occasion, the right to life is the top tier right and if we can’t enjoy that right nothing else can be enjoyed,” Malahoo Forte argued.