THE EDITOR, Madam:
WHAT SEEMS clear to me as a member of the Jamaican Bar Association is that the Association, with the elevated self esteem all of us should have, is in favour of the Caribbean Court of Justice, and has not shown any real desire for a need for referendum to establish the court.
It is certain persons with an open and obvious political agenda that have been shouting for referendum, while any research will show that most of our people have neither interest in nor access to the Privy Council.
Not even most of our lawyers have access to the Privy Council, and far less than one per cent of our people have ever been allowed access to that court for the reasons, among others, that Leave to Appeal to that court is often refused by either the Court of Appeal or by the Privy Council itself or the cost to apply for Leave is too prohibitive, except for a few of the very very rich.
It has been reported in the Gleaner that the President of the Jamaican Bar Association, while showing no legal basis, states that it is inappropriate for the Caribbean Court of Justice, being the final Court of Appeal, not to be entrenched in the Constitution, while the Court of Appeal is entrenched and so the Bar Association is going to court over the matter.
It is well known that the Privy Council, which is being replaced, has at no time been entrenched and there has never been any call for entrenchment by the Association. Furthermore, isn't it folly to ask for anything which is not in existence to be entrenched? The court has to exist before it can be entrenched and I think this is what the Prime Minister, a most eminent lawyer, has been saying. I hope the well-meaning president will re-visit his decision after listening to this voice from a far, who will not be contributing to the obviously nonsensical action contemplated.
There will be the Caribbean Court of Justice as a giant step away from British political imperialism.
I am, etc.,
OWEN S. CROSBIE
3 Hotel Street
Manchester
