THE EDITOR, Sir:
YOUR ITEM 'Queen pressures J'can judiciary' (April 17) is attractive but misleading on an important constitutional matter. This allegation is sometimes made as a reason for abolishing appeals to the Privy Council; the Queen may be blamed for many things but not for interference in the Jamaican judiciary.
It can be argued that the situation is quite the opposite of what the headline indicates. The real issue is about a sentence of imprisonment for a period to be determined at the pleasure of the Governor-General the Queen's representative in Jamaica. The highest court of the Jamaican Judicature, the Privy Council, declared that the sentence by a court for a juvenile to be detained during the Governor-General's pleasure is unconstitutional; it violates a sacred principle of separation of powers between the judiciary and the executive in Jamaica.
Jamaica's highest court ruled that the length of a sentence is for the trial court to determine; it is not to be at the pleasure of the 'Executive Authority for Jamaica' i.e. the Governor-General as the Queen's representative. In effect, it is the Jamaican judiciary pressuring the Queen.
I am etc,
FRANK PHIPPS
phipps@infochan.com
20 1/2 Duke St.
Kingston
Via Go-Jamaica
