Jamadar to rule on CCJ challenge on Tuesday

JUSTICE Peter Jamadar will deliver a ruling next Tuesday as to whether he should grant leave to the United National Congress to challenge the establishment of the Caribbean Court of Justice (CCJ), by way of judicial review. The judge heard preliminary legal arguments in the San Fernando First Civil Court yesterday on issues, firstly whether the court had jurisdiction to adjudicate on the matter. The action was filed by UNC MP for Fyzabad Chandresh Sharma who is seeking to have the court review the decision of Chief Justice Sat Sharma to swear in two members of the Caribbean Judicial and Legal Service Commission. Justice Jamadar yesterday inquired from  Dr Fenton Ramsahoye QC, whether, based on his submissions that the treaty and agreements establishing the CCJ had no bearing on this country’s legal system unless incorporated by an Act of Parliament, the local courts can have locus standi (jurisdiction) in adjudicating on the matter.

Senior Counsel Anthony Jacelon who represented the State, took issue with the applicant (Sharma) not disclosing the source of his affidavit evidence of monies being budgeted for the CCJ and the actual swearing-in of the commissioners last month at the Hall of Justice. Jacelon submitted that the swearing-in was a nullity because only the Head of State can conduct such an exercise. The Head of State, Jacelon stated, is the president of the country. Jacelon urged the judge not to take the matter further and refuse the applicant leave to apply for judicial review. He stated that the modern approach to judicial review was founded on whether an action or inaction, resulted in the need to correct it. He said the swearing-in of the commissioners was not one such wrong. Justice Jamadar said he viewed the matter as one of very serious public importance and would give his ruling next week Tuesday. The judge’s ruling will determine whether the substantive case will be heard, or the application thrown out.