Get on with CCJ, says outgoing President

It would be a "regional catastrophe" if Caricom countries were to allow the Caribbean Court of Justice (CCJ) to fail because of under-utilisation of its appellate jurisdiction, says outgoing President of the court, Michael de la Bastide.

He counted as the major disappointment of his seven-year tenure (the statutory time limit)) that only three of the 12-member countries, Barbados, Belize and Guyana, have replaced the British Privy Council with the CCJ as their final court of appeal.

This failure of Caricom states is a view shared by President designate of the CCJ, Sir Dennis Byron, a native of St. Kitts/Nevis.

It is all the more disappointing "because once fully functional, the CCJ could contribute to social, economic and regional integration," says Sir Dennis.

The retired Chief Justice of the Eastern Caribbean Supreme Court and current President of the UN International Criminal Tribunal for Rwanda (ICTR) was accepted by Caricom heads to lead the CCJ upon the recommendation of the Regional and Judicial Legal Services Commission.

Pride and nationhood

"The region continues to be beholden to a foreign government for its final court of appeal and in so doing is failing to take full responsibility for its legal process," outgoing CCJ President de la Bastide told reporters at a recent news conference at the court's headquarters in Port of Spain.

In formally announcing the succession of Sir Dennis, President de la Bastide, who leaves office on August 17, said "pride of nationhood" will be achieved if and when the CCJ is accepted by all member states to replace the Privy Council.

But there are also practical benefits including lower cost of litigation to clients.

The acknowledged advantage of having a court which understands the culture and aspirations of people compared to one 4,000 miles away and ignorant of the Caribbean is another, says Justice de la Bastide.

He notes that Lord Hoffman of the British Privy Council has said the same thing in urging Caricom countries to make the CCJ their final appellate body.

On the likelihood of the CCJ being a "hanging court" or one which will seek to deny implementation of the death penalty, he says the CCJ will recognise the constitutions and laws of member states on the death penalty.

Not a priority

Opponents of the CCJ as the final court of appeal have alleged that it is susceptible to political interference by regional governments.

In a recent interview with BBC Caribbean, Trinidad and Tobago’s Prime Minister Kamla Persad-Bissessar reiterated those concerns and stated that the CCJ is not a priority for her government.

“The whole argument about the CCJ is not about justice. The argument was that we want to be a sovereign nation, we want to be independent and you know, the world is not like that anymore. This world is a global village so what's wrong if judgements are being made by the Privy Council?

“In my respectful view, yes there is a space, a place and a time for the CCJ but it is not an area of priority for my government at this point in time … and I don't see that we are suffering as a result of having the privy council” Mrs Persad-Bissessar said.

But Justice de la Bastide argues that the structure of the court and the transparency of its processes will preserve its independence.

"There is no court on the planet which is better protected by its structures than the CCJ.

"In my seven years no one has attempted to influence the Court. I have been around judges for 50 years and we have an excellent team of high calibre judges at this court" says Mr de la Bastide.

Judicial talent

From his own association with international jurists over the last four years, incoming president Sir Dennis Byron says "I have had a revival in my respect for Caribbean jurists."

One argument raised in comparing the CCJ to the British court has been the small pool of judicial talent here and the closeness of regional societies to the judges and judiciary in the Caribbean.

Jamaica's Prime Minister Bruce Golding has simultaneously been expressing such concerns as listed above while raising the possibility of establishing a Jamaican national final court of appeal. The government in Port of Spain has also mooted the idea.

"Both arguments will apply with even greater force in any national final court of appeal as an even smaller pool of talent will be available.

It will not be the best course to follow," advises President de la Bastide.

Notwithstanding the disappointments, the CCJ president says invoking the court in its original jurisdiction as a trade court for the Single Market and Economy with the several trade related cases dealt with so far was satisfying.

He similarly categorises the Boyce and Joseph case of Barbados on the death penalty.

With a view to the future, President designate Sir Dennis says he is pleased with the decision of the bar association of the OECS to pass a resolution in favour of member states adopting the CCJ to succeed the Privy Council.

He noted that his objectives include encouraging member states to fully utilise the CCJ and promoting the benefits of the court for Caricom member states.

Sir Dennis also said that the experience gathered from working with the ICTR will be very beneficial to him when he takes over the presidency of the CCJ later this year.