Be no nine-day wonder
Garfield Higgins is an educator and journalist. Send comments to the Jamaica Observer or higgins160@yahoo.com. radio that I don’t believe the Judicial Committee of the Privy Council should be replaced by the Caribbean Court of Justice (CCJ) as Jamaica’s final appellate court at this time.
Furthermore, I believe that any decision to replace the Privy Council and institute the CCJ as our final appellate court in all jurisdictions must be made directly by the people of Jamaica in a national referendum.
I am terrified of those who are involved in an unholy rush to establish the CCJ as the final appellate court in all jurisdictions without consulting citizens in a referendum.
Consider this: “The Government is standing firm on its vow to establish the controversial Caribbean Court of Justice (CCJ) as the nation’s final court of appeal, despite yesterday’s ruling by the United Kingdom-based Privy Council that the Government’s handling of the process last year, where the CCJ Bills were passed in Parliament, was unconstitutional. “Reacting to the ruling, Prime Minister P J Patterson said that the Government’s legal team was completing its analysis of the judgement delivered by the
British law lords and that Cabinet will consider the matter fully on Monday. ‘’ ‘The Jamaican Government remains committed to the establishment of the CCJ as our final appellate court.’ Patterson said. ‘The Government intends to take the necessary steps arising from this decision to honour our commitment to the Jamaican people and our partners in the region.’
“The prime minister’s statement came after Government officials scrambled yesterday to come up with a response to the obviously disappointing ruling which was delivered at about 5:00 am.
“In its ruling, the Privy Council declared that the three Ccj-related companion Bills passed by Parliament last year were unconstitutional and, therefore, void.”
February 4, 2005)
Consider this also: “Prime Minister Portia Simpson Miller, who opened the debate on November 25, insisted yesterday that her Government’s efforts to switch to the CCJ, by way of a two-thirds majority in Parliament, on three Bills she tabled in July to facilitate the process, was the right thing to do.
“‘The Opposition is now being given three months to reflect collectively and individually, and do the honourable and logical thing of agreeing to support Jamaica establishing the CCJ as our final court,’ she stated.”
January 21, 2015)
Fortunately for us then Opposition Leader Andrew Holness insisted that the decision on the CCJ “must be made via a referendum”. (The Gleaner, (Jamaica Observer,
EVOLUTION NOT COMPLETE!
I repeat, I don’t believe the Judicial Committee of the Privy Council should be replaced by the Caribbean Court of Justice (CCJ) as Jamaica’s final appellate court at this time. Political influence and manipulation of institutions in this country are far-reaching and deep-rooted. We are evolving from that quagmire. But I humbly submit that we have not yet reached the point of necessary evolution that would make me feel comfortable with not having the right of appeal to the Privy Council. I am not singular in this respect either.
Check this: “In their second referendum on the CCJ, Grenadians this month voted ‘no’ by 12,133 to 9,846 yes votes. In their first referendum, also this month, Antiguans voted ‘no’ by 9,234 as against 8,509 yes votes. By very clear majorities, those voters said they were not yet prepared to replace the United Kingdom Privy Council with the CCJ. What is instructive is that the ruling parties — which were coming off huge electoral victories — supported the ‘yes’ movement to no avail.”
November (Jamaica Observer, 13, 2018)
I am also very distrustful of those who say that we should abandon the Privy Council because such an action would bolster Caribbean sovereignty. It seems to me that for some among us the CCJ might well be a Caribbean court of convenience.
Justice is far too important a right to situate its delivery on the unsteady back of regional pride, alone. Insularity has stifled the progress of this region for decades, that factor also cannot be ignored.
The court system, particularly in Jamaica, needs to be repaired prior to full participation in the CCJ. Notwithstanding recent improvements, Jamaica still has one of the worst backlog of cases in the region. I anticipate some are going to say, ‘Yes, man, see he does not believe we have local and regional judges with abilities equal to those who sit on the Privy Council.’ Honest brokers know that we need far more than high-quality justices to deliver justice in a timely and efficient manner.
GOOD GROUND VS THORNS?
Just over a month ago, I commended the Jamaica Constabulary Force (JCF) in my
piece. The occasion was a revelation in Parliament by Prime Minister Andrew Holness that, among other things: “In 2020, the Jamaica Constabulary Force (JCF) recorded a 53 per cent clear-up rate for homicides, compared to 39 per cent in 2019.”
March 20, 2021)
Said Holness: “Increases in our cyber forensics processing output and the routine retrieval of DNA from crime scenes and recovered weapons have directly led to more convictions. This approach to investigations has resulted in better clear-up
The Agenda (Jamaica Observer, rates.”
It did not escape my notice that in recent weeks the police, in short order, were able to arrest and charge individuals for particularly heinous murders which shook the society at its foundation.
There is a slightly positive breeze blowing within the JCF, and I dare say within our security forces in general. What, hopefully, is the beginning of a sea change should be encouraged by all of us.
The Andrew Holness-led Administration, based on public information, has pumped unprecedented physical and financial resources into national security. It seems we are beginning to slowly see some good fruits from those massive investments.
This banner headline: ‘23% increase in gun seizures so far this year — police’, caught my attention.
The news item noted this and other information: “The Jamaica Constabulary Force (JCF) is reporting a 23 per cent increase in the seizure of illegal firearms, having removed 226 weapons from the nation’s streets since the start of the year.
“Among the firearms seized are 25 rifles, which, according to the JCF, represent a 92 per cent increase in the seizure of deadly assault rifles when compared with the 13 seized for the same period last year.”
April 27, 2021) Recent reports from the JCF say there are appreciable reductions in some major crimes. Murder, though, has registered around a three per cent increase compared to the corresponding period in 2020.
It is very early days yet, but I think we are beginning to see some real positive perception-altering results, from the JCF.
Sadly, while many in the JCF are busy planting good seeds, some are just as busy sowing thorns.
Headline: ‘Cops posing with guns in wedding photo under probe’
April 27, 2020)
Headline: ‘I-PROB investigating policemen who gave testimony in collapsed case in Gun Court’
April 19, 2021) If those people involved in these and related episodes are found to have brought the JCF into disrepute, quick and corrective action must be taken by the high command. Failing that there will be continued rapid reinforcement of a long-held view that the JCF is a bad tree that occasionally bears some good fruits, and that the tree needs to be uprooted and cast into the fire.
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