Tweet The country is once again embroiled in a debate over whether Jamaica should remove buggery from the list of offences known to our criminal law. Let me make it clear, I am not against debate. I love and embrace them, as I do all people. No one in the country has any greater care or commitment to love and serve individuals whose lifestyle is less than the society considers honourable, and I have the scars to prove it.
Sunday January 25, One caller said going the route of the CCJ made no sense because Shanique Myrie experienced undue delay in collecting the sum awarded to her by that court! If the efficacy of any tribunal was to be judged solely on the length of time it often takes for judgments to be enforced, then the entire judicial system of Jamaica and many other jurisdictions would count as junk, and from its mangled heap would arise the kind of garrison justice that is oh so much more effective in the enforcement of judgments.
With the end of the colonial period, many of the former British colonies severed ties with the English Privy Council and established their own final courts of appeal. However, in the region, save for Guyana, the Judicial Committee of the Privy Council has been retained but not without much rancour.
Arguments against retaining the Privy Council Sovereignty: This is perhaps the major clarion call for parting ways with the Privy Council.
Lack of understanding of Caribbean dynamics and culture: Many in the region view this influence as the reason judges of the Privy Council have, in recent times, in their rulings on death penalty appeals, invariably adopted an anti-death penalty stance, with the end result that the death penalty has effectively been abolished in Commonwealth Caribbean territories without legislative intervention as should have been the case.
This has also been an argument against retaining the Privy Council. All other factors being equal, could a Shanique Myrie have afforded to take her appeal to the Privy Council and to retain a bevy of English advocates at prevailing rates? As opponents of retention say, any of the two alternatives currently being advanced would be less costly than having an appeal heard in England, and additionally, may be more expeditious as the Privy Council is burdened with appeals from other Commonwealth jurisdictions.
Additionally, the CCJ sits as an itinerant tribunal moving from one region to the other, so no member state can argue that it is left out. However, there are arguments against as well, and some of these will be explored briefly.
There is a fear that while the judges of the Privy Council are dispassionate about regional politics, not being residents of the Caribbean, regional judges are less likely to be so and may become polarised, serving the interests of their individual governments.
However, proponents of the CCJ alternative make the point that the judges of the CCJ will be appointed by members of the legal profession, with the exception of the chief justice, and not the political directorate. While the alternatives may be less costly to litigants to access, they will cost more to the Jamaica Government, which has to contribute to the operations of the CCJ, and a local Final Court of Appeal would have to be solely financed by the State.
The Privy Council offers its cadre of judges and facilities free of cost to its former colonies. A non-argument if ever I heard one, but I will relay it nevertheless. There is also a school of thought that the Privy Council offers an unmatched cadre of high-quality learned judges, which any regional model would not be capable of matching.
Shena Stubbs-Gibson is an attorney-at-Law and legal commentator.Jun 06, · Who should the USMNT start against Jamaica in tomorrow's World Cup qualifier?
Geoff Cameron, Joe Corona, & Stuart Holden should be in the line-up. Corona’s playing experience includes playing at Corinthians and at Palmeiras, so one can’t support any argument that Corona wouldn’t be used to the pressure or the .
Below is a simplified summary of the arguments for and against adopting the CCJ as Jamaica’s final court of appeal, contributed to The Gleaner by The Gleaner . Benefits of Jamaica having its own final court of Appeal (For & Against) The Privy Council based in Britain and serves as the final Court of Appeal for all of the countries of .
The debate on the retention of the death penalty continued in the House of Representatives yesterday (Nov.
18), with strong views from both sides, although the arguments for, outnumbered those that were against. In a sitting that saw a total of 15 members making contributions, the common view.
The plain truth about the buggery law. Al I am not against debate. opinion in many countries with illogical and deceptive arguments. But let us here in Jamaica hold true to our values and.
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