Grenada, Antigua for CCJ referendum on Tuesday

Next Tuesday November 6, is an important date for electorates in the United States when representatives in Congress and governors will be chosen. It is also the date when Grenada and Antigua and Barbuda will decide by way of referendum if to abolish appeals to the Privy Council and accept the Caribbean Court of Justice (CCJ) as their final Court.

There are mixed feelings in the region about the CCJ and so far only four countries have accepted the regional court as their final appellate court although the Port of Spain-based institution was inaugurated more than 13 years ago on April 16, 2005.

Long before the establishment there had been discussions by all the governments in the Caribbean Community and it is very disappointing that Jamaica and Trinidad and Tobago, two of the largest countries in the English-speaking Caribbean which were in the forefront in the formation of the regional court have not yet joined. Guyana and Barbados were the only two countries on board in 2005, a few years later Belize joined and three years ago Dominica. St Vincent and the Grenadines under Ralph Gonsalves is very keen to join but a campaign was launched and the referendum to rid the SVG of the Privy Council failed. Grenada also failed in a referendum two years ago, and Prime Minister Keith Mitchell is making another bid on Tuesday.

It baffles me why there is a change of heart by a few governments and the reluctance of others to join. Jamaica and Trinidad and Tobago gained independence from Britain in 1962 - 56 long years ago and it is amazing that they still retain the London-based Privy Council as their final court. The CCJ has outstanding judges who are highly respected regionally and internationally. The new President, Adrian Saunders, a graduate of the Caribbean Council of Legal Education, was honoured by the University of the West Indies with a doctor of laws degree. Only two of the seven judges are foreigners: David Hayton of the United Kingdom, and Jacob Wit of the Netherlands Antilles. Their opinions/decisions are scholarly and have been commended by distinguished jurists the world over. Moreover, the CCJ has the most modern equipment and facilities to conduct hearings which will not require attorneys to be physically present — sophisticated teleconference systems.

Sir Denis Byron, who retired from the Court two months ago had a distinguished career and served as President of the Commonwealth Judicial Education Institute and President of the International Criminal Tribunal for Rwanda. The current President of the CCJ, Adrian Saunders served as Course Director of the Commonwealth Judicial Education Institute for several years and was involved in the mediation process of the Eastern Caribbean Supreme Court.

A distinguished Barbadian Jurist, Andrew Burgess, a colleague of mine, former tutor/lecturer of the UWI, judge, Appellate Court Justice, will succeed Sir Denis as a judge of the CCJ. He will be the first Bajan to be on the regional court. At present there is no Guyanese in the panel. At one stage there were two: Duke Pollard, and Desiree Bernard. Guyana abolished appeals to the Privy Council since 1970 and for a very long period - 35 years, the Guyana Court of Appeal was the final Court until the inauguration of the CCJ in April 2005 Yours faithfully, Oscar Ramjeet