THE COUNTRY cannot move toward a final court of appeal for the region in "contention and strife," Government Senator Fred Hamaty warned on Friday.
Senator Hamaty said that the positive support of the Opposition in Parliament and the Jamaican Bar should help to constitute a solid platform to guide the "historic process".
"We cannot move toward a final court of appeal for the region in contention and strife. It must be achieved by consensus and dialogue," he said, as he contributed to the debate on the motion seeking the Senate's approval of the establishment of the Caribbean Court of Justice and Jamaica's membership.
Senator Hamaty said that while it was undoubtedly true that the majority of Jamaicans supported the retention of the death penalty, it was important to note that Commonwealth Caribbean Courts have shown enthusiasm for further expanding the constitutional provisions on cruel and inhumane punishment.
"I believe that the motive to establish the court are far loftier than a mere intention to facilitate execution and we must keep the debate at that level," he said.
Senator Hamaty said that the process to set up the court must go forward and be guided by two "fundamental undergirding," to support the paramount judicial structure. Firstly, the court needs to be an institution independently constituted with its own judiciary and an established centre properly equipped. Secondly, if the court is to be the ultimate appellate body, it must achieve a prestige and standing at least on par with any existing or past tribunal in the area and it must engender respect and confidence both of the litigant and the practitioner.
Also speaking in the debate were Government Senator Noel Monteith and Opposition member, Senator Anthony Johnson.
Senator Monteith said that there were many advantages to be gained from the establishment of the court, ranging from a cultural to a legal perspective.
Senator Johnson said that the Government wanted the Senate to approve the court before explaining how it will be financed. But, he said, the financial security of the court must be settled before any decision can be made.
