Be fair, honest in CCJ debate
Published:Saturday | January 7, 2012 | 12:00 AM
THE EDITOR, Sir:
Kudos for the article 'Use CCJ funding to improve our own courts', by Robert Collie, on January 5. Refreshing to read something reasoned, even if flawed.
One flaw of this piece is its lack of balance. It does not speak to the advantages of going the route of the Caribbean Court of Justice (CCJ) or the disadvantages of continuing with the Privy Council. A more balanced piece would help readers determine if supporting the CCJ is, indeed, best for the country, rather than simply highlighting the negatives of the CCJ and the positives of the Privy Council.
What, for instance, are the costs and other barriers to appellants who wish to take their case to the Privy Council? Yes, the Jamaican Government currently pays $0 to the Privy Council's maintenance, but what of costs and associated obstacles to appellants that may subvert the course of justice?
Other questions concern the attitude of the Privy Council itself. A BBC Caribbean article in September 2009 quoted Britain's top judge as saying that, "In an ideal world, Commonwealth countries - including those in the Caribbean - would stop using the Privy Council and set up their own final courts of appeal instead." Why? Because a "disproportionate amount of time [is being spent] on cases from former colonies, mostly in the Caribbean", placing stress on the court.
region must mature
In other words, the British want to rid themselves of us. Like the spurned lover, we are choosing to hang on to the relationship, even though it is clear we are no longer wanted. Or, we are like the grown-up child hanging on to its mother's 'frock-tail'.
One reason why I am leery of criticisms of the CCJ is a history of similar criticisms of other Caribbean institutions in their infancy. The notion has always been that what Jamaica, or the Caribbean, creates cannot be of the same (high) standard of those from elsewhere, usually Britain.
Parents were reluctant to have their children sit Caribbean Exami-nations Council (CXC) exams when they were being introduced because, it was felt, these could never match the GCE exams from Britain. Now, CXC exams are accepted to be both of an acceptable and high standard.
Let the debate on the CCJ begin, but let honesty, balance, and fairness prevail.
ERON HENRY
Virginia, USA