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Stabroek News

A challenge from the Duke
published: Tuesday | October 16, 2007


Vernon Daley

Justice Duke Pollard - one of the judges on the Caribbean Court of Justice (CCJ) - last week mounted a strenuous defence of the still controversial regional court.

He said the CCJ was the only final appeal court in the world which was not appointed by politicians. In fact, he has challenged critics of the regional institution to name another final court that is more politically insulated than the CCJ.

The Guyanese-born judge, who was giving a talk on the court at the Norman Manley Law School, said opposition to the CCJ was symptomatic of the region's failure to recognise its own accomplishments even when those achievements broke new ground.

Critics are concerned that the president of the CCJ is appointed by the heads of government of participating states. This, they say, cracks the door open for the insidious influence of politics to slither its way through.

Among those who have kicked up a fuss about this provision is the governing Jamaica Labour Party (JLP). The question is: What is the JLP's recommendation for dealing with this weakness? One might have expected to see that spelt out in the JLP's election manifesto, but there isn't even a line about the court in the document.

At any rate, Prime Minister Bruce Golding is on record as saying the party was not opposed to the court, but merely the attempt by the previous People's National Party (PNP) government to set it up without consulting the people in a referendum.

With the JLP now in power there is no longer a need for fighting between the two parties over this matter. All that needs to happen is for the JLP to put the issue to Jamaicans in a referendum and let them decide whether they want to stay with the Judicial Committee of the Privy Council as the country's final appellate court or change course for the CCJ.

The new Government is still feeling its way through and we mustn't be unreasonable in wanting them to do everything all at once, but surely the CCJ issue deserves some urgent attention and a statement from government as to how it intends to proceed.

ARTHUR SITTING PRETTY

It doesn't seem that Prime Minister Owen Arthur and his Barbados Labour Party (BLP) are likely to fall victims to the sea of troubles that has been sweeping ruling parties out of power around the region.

The latest opinion poll published in the Nation newspaper on Sunday showed that the shrewd economist continues to be the preferred leader by Barbadians with 52 per cent support. His rival, David Thompson, trails significantly with only 29 per cent support.

According to the survey, Barbadians still do not think the Opposition Democratic Labour Party (DLP) is ready to govern the country. In fact, only 20 per cent of those polled felt the DLP will be able to prevent Arthur's fourth straight term in office. At the same time, 48 per cent felt the BLP will take victory in the elections due by the middle of next year.

Thompson, I suppose, can take some heart from the fact that the poll was conducted by the Caribbean Development Research Services, headed by political scientist Peter Wickham. The organisation got it horribly wrong when it called last year's general elections in St. Lucia for the governing St. Lucia Labour Party. Maybe its current findings are also off key. There is no harm in hoping.


Send comments to: vernon.daley@gmail.com

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