Trinidad and Tobago President, Anthony Carmona, has expressed frustration that his country and other CARICOM states have not replaced the Privy Council with the Caribbean Court of Justice (CCJ) as their final authority in legal matters.
Though 12 of the 15 CARICOM territories have signed the agreement establishing the CCJ, which was launched in 2005 as the final arbiter in legal disputes among and within regional members, only Barbados, Guyana, Dominica and Belize have accepted this court as the end decision-maker.
Carmona, who served as a High Court Judge before being appointed as President in 2013, expressed his frustration during a presentation on Thursday to University of the West Indies, Cave Hill Campus, undergraduate organisation, ‘Students Today Alumni Tomorrow’.
“Why have we yet, not all, subscribed to the jurisdiction of the Caribbean Court of Justice?” he asked in the Henry Fraser Lecture Theatre while delivering a presentation on, ‘Redefining Caribbean Pride for the 21st Century Youth’.
The Right Honourable Sir Dennis Byron, President of the Caribbean Court of Justice (CCJ) will be attending the Commonwealth Law Conference, set to take place in Melbourne, Australia, from March 20th to the 24th. The CCJ President, in his role as Chairman of the Commonwealth Judicial Education Institute, will be the patron of the Commonwealth Chief Justices’ Meeting during the conference.
The four-day conference, being held under the theme ‘Thriving in a global world: building on the rule of law’, will cover issues including cybercrime, migration, child protection, the growth of the Asia-Pacific region and the future of the legal profession.
The CCJ President stated, “for most of my judicial life I have championed two things – increasing the use of technology in courts and the importance of education for judges. This conference will be attended by some of the finest minds in the legal profession and I welcome the opportunity to share some of the knowledge that I have gathered and to learn from others.” (more…)
In any assessment of the performance of the regional integration movement, the positive elements must be considered. And integration must never be measured solely on trade as there was much more that was happening in other spheres such as in functional cooperation and in crime and security, Caribbean Community (CARICOM) Secretary-General, Ambassador Irwin LaRocque said Monday at the CARICOM Secretariat.
He was at the time responding to questions at a press conference that preceded the Twenty-Eighth Intersessional Meeting of the Conference of Heads of Government of CARICOM which will be held Thursday and Friday at the Marriott Hotel, Georgetown, Guyana, under the Chairmanship of His Excellency David Granger, President of Guyana.
The Secretary-General said that integration was working even though there was always room for improvement.
“Can you imagine if there were no CARICOM? Things that we take for granted in our everyday lives… like CXC… that’s CARICOM at work. The fact that more than ninety-nine per cent of our goods is traded freely within our Region – that’s CARICOM at work. The fact that we can have a concerted effort at talking about correspondent banking,…can you imagine if Guyana went alone or Saint Lucia went alone to talk …about correspondent banking? The fact that we have been able to successfully addressing the issue HIV/AIDS collectively; the fact that we have become the first region in the world to eliminate measles and the fact that we have a Community response at the time of disaster… The fact that we are able to present our concerns on climate change collectively.
“There always is room for improvement… By and large, I am satisfied. There are some frustrations that we hear of and we experience in terms of the pace. But as one Prime Minister always says: we are not going to a point; we are on a journey. Development, as is integration is a journey and once your journey is going in the right direction and you are always improving on what you have and building a sense of Community which I think we really do have, I think we are on the right track; we are going in the right direction. We are carrying everybody with us; no one is being left behind We are building a sense of community and carrying everyone with us. Despite what you may hear … (integration) is working,” the Secretary-General said.
PORT OF SPAIN, Trinidad (CMC) — A former Supreme Court Judge from India, B N Srikrishna has urged the twin island republic to fully adopt the Caribbean Court of Justice (CCJ) as its final court of appeal rather than the Privy Council in London.
“What are you waiting for,” asked Srikrishna who made the appeal at a recent symposium hosted by the Law Association Trinidad and Tobago.
The aim of the recent symposium was to encourage the government to suitably amend the Constitution to elevate the CCJ as the final court of appeal.
According to Srikrisha, India replaced the UK based Privy Council as its final court of appeal by the Federal Court of India — now the Supreme Court of India — just two years after gaining independence from Britain in 1947 “Why should a sovereign state allow its former master to be the final arbitrator?”
CCJ, Port of Spain – On Friday, the Caribbean Court of Justice delivered judgment in its first matter to come from Dominica. The Court dismissed the application and issued an order for the applicants, Marinor Enterprises Limited and Mr Michael Astaphan to pay First Caribbean International Bank (Barbados) Limited the sum of EC $8000 costs.
The dispute arose from a secured loan granted to Marinor by the Bank and guaranteed by Mr Astaphan. The defendants failed to service the loan and so in February 2006 the Bank sued to recover capital and interest due under its loan. The defendants then filed their defence in October 2006 alleging that the Bank had been in breach of the loan agreement. They made two subsequent applications to amend their pleadings in 2009 and 2012. However, both were refused and such refusals were not appealed. The Judge subsequently ruled in 2012 in favour of the Bank’s claim.
The defendants appealed against that ruling and, five weeks before their appeal was to be heard by the Court of Appeal on 11November 2015, they filed an application to that court . This requested the court to permit further amendment to the notice of appeal to include as grounds of appeal the refusals to permit amendment of its pleadings in 2009 and 2012.