Barbados CJ: CCJ not illegal

Chief Justice of Barbados Sir David Simmons yesterday refuted claims that the ceremony held and the oath taken by the members of Regional Judicial and Legal Service Commission (RJLSC) represented a legal oversight. The Council of the Law Association sounded a warning to the Government to tread carefully with respect to the establishment of the Caribbean Court of Justice. However Simmons made it clear that the oaths taken by the eight Chief Justices were not illegal. “I was very disappointed to read a comment by one of your senators that suggested that the members of the commission were political appointees. Nothing could be further than the truth.” said Simmons.

He said that the comment was born out of ignorance of the treaty which was established by the CCJ. According to Simmons, the treaty has been on the internet on the Caricom website and other public forums since 1998. He added that the treaty is in force due to the consent given to it by the participating countries. Simmons pointed out that the CJ of Belize and Chairman of the Conference of Heads of Judiciary of the Caribbean, Abdullai Conteh, was unable to attend and as a result asked CJ Sat Sharma to fill in to facilitate the taking of an oath. This was in accordance with Sharma’s statement that he was “merely the conduit” for the ceremonial swearing in. Regarding the establishment of legislation in Trinidad in preparation for the CCJ, Simmons said, “irrespective of the fact that Trinidad has not done what it has to do, it doesn’t matter.

There are other countries which have satisfied the criteria for the setting up of the Court. We are going ahead. one day Trinidad may decide to get in line, but that’s a matter for you in Trinidad, the rest of the region is going ahead.” Simmons indicated that the fact that proper legislation is not in place in Trinidad and Tobago does not affect the establishment or functioning of the Court. “We have authority under the treaty established in the Caribbean Court of Justice full stop!” exclaimed Simmons in response to the suggestion that the CCJ had no authority because CJ Sharma performed the ceremonial swearing in. The United National Congress is strongly opposing the CCJ. Fyzabad MP Chandresh Sharma filed an application for judicial review on Friday asking that the appointment of the eight judges be declared null and void.