THE EDITOR, Sir:
I HAVE long been an unapologetic advocate of the establishment of a final Jamaican Court of Appeal, a tier above the present Court of Appeal, if and when appeals to the Privy Council (PC) are abolished. With the passing of each day I become more fortified in my conviction.
I salute those bodies who successfully challenged before the PC the method of establishment of the Caribbean Court of Justice (CCJ). Theirs was a legal victory about a matter which involves much more than law.
These successful appellants, however, represent different interests and it is clear that there is no agreement among them and Jamaicans in general to consider and support the natural, logical, reasonable, progressive and exciting option of establishing a new Superior Jamaican Court of Appeal, characterised by transparency, integrity, learning and best practices.
If we must 'patriate' our final court, let it be from London to Kingston not to Port of Spain. If in the fulness of time a regional court evolves then so be it. Let us tread carefully.
There is no shortage of judicial talent in Jamaica and the region. Indeed, it is my opinion, that even among the lawyers who represented the parties in the above-mentioned matter before the PC (on both sides) there would be more than sufficient talent and integrity to constitute a full and distinguished complement of judges for any final court of appeal. However, the talented must be invited, nominated and selected as judges.
INTRODUCED BILL
The Government has repeated its resolve that 'the Privy Council must go'. Instead of making a new start and looking at the efficacy of establishing a new Jamaican Court, it has responded to the decision of the PC by introducing a bill to establish in the first instance 'an original jurisdiction' for the CCJ a strange, top-heavy, expensive trade dispute tribunal from which there is no right of appeal a Joe Reid court!
Its advisers, consultants, apologists and Caribbean colleagues are wroth. The Privy Council has been painted as backward, colonial, incompetent, contemptuous, arrogant and out of control. There is talk of strategies and stratagems to 'overthrow' the decision. Is this how they would react to a decision based on 'Caribbean jurisprudence?' Why is Jamaica getting itself into this mess?
In deciding on a replacement for the PC the main considerations should not be regionalism or 'legacy' but enlightened self interest and above all excellence in the administration of justice.
The Government, the Opposition and the country generally should embrace the concept of a local final court of appeal. This concept need not weaken Caribbean linkages indeed, it may strengthen and actually include them.
I am, etc.,
BERESFORD HAY
P.O. Box 1191
Kingston 8
