‘We are moving out’

PRIME MINISTER Patrick Manning sent a clear message yesterday to visiting British Law Lord Scott and the Judicial Committee of the Privy Council - “we have now found excellent accommodation and we are moving out.” Manning was referring to the establishment of the Caribbean Court of Justice (CCJ) which was inaugurated yesterday in Port-of-Spain, and the breaking of ties with the British-based Privy Council which has served the Caribbean for 175 years. More than 1,000 guests, staff, local and regional media, and security personnel packed into the air-conditioned Queen’s Hall as the Caribbean re-wrote history with the establishment of its own final court of appeal. Several regional Prime Ministers, legal luminaries, and politicians attended the most important regional event since the signing of the Treaty of Chaguaramas in 1973.

Manning was one of three Caricom leaders who addressed the inauguration which was carried live on television and radio throughout the region. The others were Dr Kenny Anthony, Prime Minister of St Lucia, and President of Suriname, Runaldo Ronald Venetiaan, the Chairman of Caricom. “It is with great pride that I stand here this morning, on this truly momentous and historic occasion. This morning’s ceremony marks the arrival at a destination that has taken the people of the English-speaking Caribbean, more than 100 years of travel,” the TT Prime Minister added. But Manning pointed out that not all of us have fully arrived in having the CCJ in both its original and appellate jurisdiction. But he was confident that every Caribbean country will complete the journey and confirm our status as truly independent people of the Caribbean.

Barbados and Guyana are the only two Caribbean countries who are fully ready for the CCJ, severing all ties with the Privy Council. All other countries still have ties to the Judicial Committee. Manning said the late eminent Justice Telford Georges summed it up correctly when he pointed out that independent countries who still depend on the colonial masters were tantamount to “a grown man who demonstrates his independence but continues to live in his parents’ house.” Manning said Caricom States signed the agreement on February 14, 2001 in Barbados for the establishment of the CCJ. He said at that ceremony, the then Prime Minister Basdeo Panday told the gathering that regional political leadership was yet to convince all of the stakeholders that the CCJ would constitute a tribunal of superior credentials to the Privy Council.

According to Manning, Panday assured the conference of the continuing commitment to and support for the establishment of the CCJ. But Panday and his party did not support the Government with respect to the appellate jurisdiction, therefore TT still has to go to the Judicial Committee for civil and criminal appeals. In welcoming dignitaries to the event, Manning temporarily put aside his battle by addressing “the honourable Chief Justice, Mr Sat Sharma.” This brought some murmurs among the guests. Manning has represented to President George Maxwell Richards that a tribunal be appointed to investigate whether Sharma should be removed from office. But Sharma went to court and a judge has blocked the appointment of the tribunal pending the hearing and determination of the case.

After the formal ceremony, Manning and Sharma remained far apart during the reception in the foyer of Queen’s Hall. Manning told the gathering that it has been decades that the Caribbean has been grappling to have a final court of its own. “The journey has been an incredibly long one.” He said it was not until 1989 at a Heads of Government meeting that TT revived the idea. “It is crucial to the success of the Caribbean Court of Justice that we see it this way, as I repeat, this will be a regional court, sitting in various jurisdictions across the region. I underline this point if only to discourage any misconceptions in other territories that the court is there only to serve the litigants in the territory in which it is located (Trinidad) thus defeating the regional nature of the court. The framers of the court were adamant that it be a roving one to provide greater access to justice to poor litigants in each member State of Caricom the court visits,” the TT Prime Minister added.