Jamaica Gleaner
Published: Wednesday | October 7, 2009
Home : Letters
The time has come
The Editor, Sir:

This is an open letter to Prime Minister Bruce Golding.

While one is cognisant of the many challenges (economic and political) that you consistently face, I feel I must forcefully enjoin your attention to a matter that is nominally legal in nature but in reality is deeply nationalistic and vital. I speak, of course, about Jamaica's unusual relationship with the Caribbean Court of Justice, the core issue being our non-participation in the court as our final determinate appellate body, though we have engaged in limited access regarding commercial matters.

I must confess that my viewpoint regarding the Caribbean Court of Justice has hitherto been the same as my view about the Privy Council. Which was, in practical terms, what is the difference to the average, humble, economically challenged (aren't we all?)

In search of justice

Jamaican litigant in search of justice, in travelling 10 hours across the Atlantic to England or five hours across the Caribbean to near to the tip of South America, to Trinidad? The Caribbean Court of Justice sited as it is in Port-of-Spain. The answer is clearly very little. However, there can certainly be a spirited debate regarding our full access to that court (having contributed heavily to its establishment) or staying with our own Court of Appeal, as final court.

What is impatient of debate is any further confusion, self-deception, equivocation, or mental reservation of any kind about our need for the immediate cessation of all appeals to the British Privy Council.

There are some issues, Mr Prime Minister, that are beyond politics (partisan or otherwise) and are really a barometer of a nation's self-respect, integrity and pride. The delinking from the Privy Council has been on the agenda for 20 years and this is no better time to firmly exercise that act of leadership. I entreat you to address this matter by tabling and fast-tracking the necessary legislation with the support of the Opposition.

Insult

The British have always been acknowledged as the masters of the studied, elegant insult. Often-times, if one is not aware, the intended insult may fly right over one's head. Surely, with the prelude being the requirement of an expensive visa to even be in a position to access our judicial constitutional rights, then, with the latest crass insult by Lord Phillips, there can be no further delay. Quite simply, this must be the last straw. That Lord Phillips, the soon-to-be president of the Supreme Court of the United Kingdom, felt empowered to 'tek step' with our pride, and by extension our abilities, is regrettable.

We must now get our full value from the Caribbean Court of Justice. There is a tide in the affairs of men which, taken at the flood, leads on to fortune, omitted, all the voyage of their lives is bound in shadow and misery. Indeed, Lord Phillips' point is well made - why should their top judges spend almost half of their time on business which is of no interest to anyone in the United Kingdom?

Well then, let us go now, though our tail might be somewhat between our legs, for surely next, on some fast approaching day, will be the firmly administered boot to our collective national posterior. Will we really allow things to descend to that, Mr Prime Minister?

I am, etc.,

O'Neil Brown

Attorney-at-law

Savanna-la-Mar

Westmoreland

Home | Lead Stories | News | Business | Sport | Commentary | Letters | Entertainment | Profiles in Medicine | Careers |