Haynes Calls For West Indian Court Of Appeal

FORMER Chancellor of the Judiciary J.O.F. Jaynes, who is now Professor of Law at the University of Guyana and also president of the Grenada Court of Appeal, has joined other leading persons in the region in arguing a case for a West Indian Court of Appeal. Delivering a lecture sponsored by the Institute of Adult and Continuing Education, on Sunday, February 8, on ‘ Constitutional Pro blems in Grenada as they exist,’ Professor Haynes, while expressing his highest regard and respect for British judges, who sit on the Privy Council, said an appeal to such a body is not consistent with the sovereignty of a country.

He, also expressed his dislike for a two-tiered system, where there is a Court of Trial and a Court of Appeal in close proximity.

After emphasising that the object of a Court of Appeal is not to find whether a person is guilty or not, but to rule on whether the trial was conducted according to the Law and was fair, the Guyanese jurist made the point that an Appeal Court which is further away from the Trial Court would have greater objectivity.

While contending that a West Indian Court of Appeal is needed now, he said the setting up of such a court, does not seem possible in his lifetime.

In making out a case for a West Indian Court of Appeal, Professor Haynes said there are judges in the Caribbean who could serve in a distinguished manner on such a Court. He also spoke about the need for opening up the judiciary in the Caribbean to distinguished practitioners at the Bar, provided the right conditions are in place to attract them.

Professor Haynes noted that before the Court can be set up, there must be proper planning, as well as available financing. In this process, he was not hopeful that Caribbean leaders would be prepared to move expeditiously if at all, to make the court a reality.

Observers have noted with interest that there is increasing interest in a West Indian Court of Appeal.