trinidad and tobago and the judicial committee of the privy council: a case for the caribbean court...

8/13/2019 Trinidad and Tobago and the Judicial Committee of the Privy Council: A case for the Caribbean Court of Justice (CCJ)

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Trinidad and Tobago and the Judicial Committee of the Privy Council

A case against the JCPCs involvement in Trinidadian Legal Affairs

By Oneka V !oach"Cam#bell

$tudent number% &''''&()&

*lorida A+, -niversity College of La.

*all /'&(

La. and Politics of the Caribbean

Professor Jeffery Bro.n

J0 Candidate 0ecember /'&(

I. Introduction:

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After fifty one years of inde#endence and submission to the Judicial Committee of the Privy

Council 1hereinafter the JCPC2 as the court of final resort3 is Trinidad and Tobago e4ui##ed to

.ithdra. from the JCPC5

6f Trinidad and Tobago is ready to .ithdra. 7urisdiction from the JCPC but not ready to

create a Court of *inal !esort .ithin the !e#ublic is the Caribbean Court of Justice 1hereinafter

the CCJ2 a suitable re#lacement for the JCPC5

Trinidad and Tobago as a sovereign nation has de#ended too long on the JCPC As a ne.

nation3 submission to the JCPC .as necessary to facilitate the nations gro.th3 and to mentor the

ne.ly inde#endent nation on self governance 8o.ever3 the JCPC is no. far removed from the

realities of the #roblems that e9ist in the Caribbean region so should not be making legal

decisions that affect the region

The CCJ might be a good alternative for the JCPC Because the CCJ is staffed .ith

Caribbean 7udges .ho kno. firsthand the legal ills faced by the nations of the Caribbean3 they

are better e4ui##ed than the JCPC to deal .ith com#le9 Caribbean legal #roblems

,any Caribbean nations su##ort the move from JCPC to CCJ and some of them have already

transferred original and a##ellate 7urisdiction to the CCJ 8o.ever3 there are a fe. legal critics

that are .aiting for the CCJ to #rove itself or believe that a se#arate s#eciali:ed court needs to be

established to hear death #enalty cases This is because death #enalty cases are high stakes cases

since they deal .ith the fundamental right to live

Trinidad and Tobagos de#endence on the JCPC remains #roblematic 6n order to gro. as a

nation there comes a time .hen Trinidad and Tobago must begin to deal inde#endently .ith its

#roblems and not de#end so largely on the o#inions3 a##rovals and 7udgments of the former

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colonial masters By removing itself from JCPC and #lacing original and a##ellate 7urisdiction

in the CCJ3 Trinidad and Tobago can start to alleviate that #roblem Caribbean 7udges3 .ho are

not a #art of the old colonial masters regime3 .ill be better e4ui##ed to rationally and

reasonable deal .ith the legal issues facing Trinidad and Tobago Because these 7udges live in

the Caribbean region and are e9#eriencing firsthand the gro.ing #ains of the region3 they have a

better gras# of the legal #roblems than the JCPC .ould This .ould mean that they .ould be

better e4ui##ed .ith solutions that fit the needs of the region and Trinidad and Tobago

;ith the advent of the CCJ in /''& Barbados3 Beli:e3 and

II. The Birth of a Nation

6n her s#eech to the #arliament of Trinidad and Tobago on A#ril /)th3 /'&/ the 8onorable

?amla Persad"Bissessar3 $C3 ,P3 Prime ,inister of the !e#ublic of Trinidad and Tobago

3


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referred to Trinidads inde#endence on August (&st3 &@/ as an action of thro.ing =off the

shackles of colonialism and> taking =its rightful #lace among the community of inde#endent

nations of the .orld>& This statement re#resents a truth that is evident in the develo#ment of a

nation that not only has develo#ed a com#le9 frame.ork of government3 banking3 education and

legal infrastructure3 but has #roven itself as one of the economic leaders of the Caribbean region

Trinidad and Tobagos government3 modeled after the ;estmenisterian style of #arliamentary

democracy has ensured through democracy and #ro#er allocation of the nations resources that

the nation continues to gro. by lea#s and bounds as a stable3 inde#endent nation3 deserving of its

o.n rights of sovereignty in international circles

Prime ,inister Persad"Bissessar also #ointed out the fact that even though our forefathers

understood the need for inde#endence they also .isely kne. that as a ne.3 develo#ing nation3

Trinidad and Tobago .ould be foolish not to submit itself in some .ay to the mentorshi# of a

committee such as the JCPC/ ,any of our Caribbean counter#arts had done the same and this

had hel#ed them in a time .hen 7uris#rudence .as ne.3 and the gro.ing #ains of a ne. nation

.ere evident Because the legal infrastructure had not yet been carved in stone3 Trinidad and

Tobagos continued submission to the JCPC as a court of last resort .as necessary to allo. the

ne. nation the time to gro. the muscles necessary to de#end on its o.n legal system .ithout

uro#ean assistance

1Prime ,inister ?amla Persad" Bissessar3 $tatement to the Parliament by the 8onourable ?amla

Persad"Bissessar3 $C3 ,P Prime ,inister of the !e#ublic of Trinidad and Tobago 1A#ril /)3

/'&/2 3 available at htt#%...tt#arliamentorgabout#h#5midD(+idDmrEBEEF

2Id4


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Judicial Committee Act of 18333and the Creation of the JCPC

The Judicial Committee Act of &F(( states in To#ic (%

All appeals from sentence of any Jude! etc. to "e referred "y #is $a%esty to theCommittee! to report thereon.

And be it further enacted3 that all a##eals or com#laints in the nature of a##eals

.hatever3 .hich3 either by virtue of this Act3 or of any la.3 statute3 or custom3

may be brought before 8is ,a7esty or 8is ,a7esty in Council from or in res#ect

of the determination3 sentence3 rule3 or order of any Court3 Judge3 or 7udicialofficer3 and all such a##eals as are no. #ending and unheard3 shall from and after

the #assing of this Act be referred by 8is ,a7esty to the said Judicial Committee

of the Privy Council3 and that such a##eals3 causes3 and matters shall be heard bythe said Judicial Committee3 and a re#ort or recommendation thereon shall be

made to 8is ,a7esty in Council for 8is decision thereon as heretofore3 in thesame manner and form as has been heretofore the custom .ith res#ect to mattersreferred by 8is ,a7esty to the .hole of 8is JCPC or a committee thereof 1the

nature of such re#ort or recommendation being al.ays stated in o#en court2

Trinidad and Tobago is a #ast British colony This #rovision gives 7urisdiction to the

JCPC to hear causes arising from current and #ast colonies 6t is the foundation of the JCPC as it

is kno.n today

6n the October &&3 /'&( Annual Caroline ;eatherill ,emorial Lecture3 Lord 0avid

Geuberger gave a brief history of ho. the JCPC came into being 6n this address3 Lord

Geuberger reminded the attendees at the 6sle of ,an that the JCPC dates back to the time of the

Gorman ?ingsH6t .as a tool by .hich the monarch governed ngland under the #hiloso#hy that

=the ?ing is the fountain of all 7ustice throughout his dominions and e9ercises 7urisdiction in his

3Judicial Committee Act3 &F((1ng2

4Lord 0avid Geuberger3 The Annual Caroline ;eatherill ,emorial Lecture3 The Judicial

Committee of the Privy Council in the /&st Century1October &&3 /'&(23 available at

htt#%...su#remecourtgovukdocss#eech"&(&'&df5


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Council3 .hich acts in an advisory ca#acity to the Cro.n>)The Plantation Committee 1PC2 .as

formed in &F& to hear #etitions to the ?ing from disgruntled colonists .ho .ere not ha##y .ith

the decisions handed do.n on the local level 1in the colonies2 ;ith the #assage of time and the

increased numbers of #etitions from the colonies3 the Judicial Committee Act of &F((E.as

#assed

Because of


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6nBritish Coal Corporation v. King&'3 Lord $ankey3 in delivering the o#inion3 said =it

.as no #art of the #olicy of 8is ,a7estyIs


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JCPCs intervention in Caribbean affairs3 is there a need for an a##eals court higher than the

nations court3 and if so is the CCJ e4ui##ed to take the JCPCs #lace5

Prime ,inister Persad"Bissessar e9#ressed in her s#eech to the #arliament of Trinidad

and Tobago on A#ril /)ththat the eyes of the Trinidad and Tobago government is not blind to the

fact that other Caribbean states such as Barbados3 Beli:e3 and &H The government of Trinidad and

Tobago felt the need to allo. the CCJ time to gro. since its ince#tion in /''& &)Just as Trinidad

and Tobago has done .hen it first gained inde#endence3 it .anted to ensure that the CCJ had

been given time to =gro. teeth and muscles> before trusting the CCJ .ith such a huge mandate

as had been that of the JCPC

6n closing her s#eech to #arliament3 Prime ,inister Persad"Bissessar e9#ressed that

legislation .as in the .orks to transfer the 7urisdiction to hear criminal a##eals to the CCJ .hile

civil a##eals .ill stay .ith JCPC 6n a ne.s#a#er article dated A#ril /Eth3 /'&/3 t.o days after

the #rime ministers #roclamation3 *ormer Chief Justice of the CCJ3 ,ichael de la Bastide3

further clarified the #rime ministers statement by e9#laining that even though most criminal

cases .ere being transferred to the 7urisdiction of the CCJ3 hangingsca#ital #unishment a##eals

.ould stay under the 7urisdiction of the JCPC&

13$ee Persad" Bissessar3supranote &

14Id

15Id

16


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These moves by the Trinidad government to abolish a##eals to the JCPC and to move the

7urisdiction to hear cases closer to home is a reflection of the intent of most Caribbean states to

gain an identity far removed from their colonial masters and to centrali:e Caribbean decisions in

Caribbean Courts The !evised Treaty of Chaguaramus&E3 .hich .as the birthing stone for the

CCJ3 aims to focus the Caribbean states on a collaborative effort to sustain develo#ment in the

region Because death #enalty cases and civil cases are still left in the hands of the JCPC3

Trinidad and Tobago is still not at the #lace of full inde#endence that .as dreamed of .ith the

#roclamation of inde#endence in &@/3 some fifty one years ago

JCPC involvement in Trinidad and Tobagos legal #rocesses throughout the years3 .hile

not abolishing the death #enalty3 has led to many delays in e9ecutions These delays have led to

#ersons sentenced to hang having their sentences commuted to life sentences based on the

argument that hanging after such a delay is inhumane

JCPC +ie's on the ()ymoron of ,emandin Continued JCPC assistance in -ree *tates

One cannot hel# but to .onder .hat the Lords of the JCPC really think about Trinidad

and Tobagos continued reliance on the JCPC after fifty one years of inde#endence British

ta9#ayers carry the heavy burden of kee#ing the JCPC viable This has led to many British

7udges s#eaking out and 4uestioning the necessity of the Caribbeans continued reliance on the

JCPC&F 6t is true3 based on Prime ,inister Persad"Bissessars s#eech in /'&/ on the occasion of

Trinidad and Tobagos )'

th

Anniversary of 6nde#endence that efforts are being made to slo.ly

.ean from the bosom of the former colonial ruler But from a birds eye vie.3 is the #ro#osed

17!evised Treaty of Chaguaramus3 July H3 &@E(3 CA!6CO,3 available at

htt#%...caricomorg7s#communityrevisedMtreaty"te9t#df

18$ee Bo.cott3supra note &/9


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transfer of the 7urisdiction to hear all criminal a##eal cases .ith the e9ce#tion of death #enalty

cases to the CCJ .hile retaining civil and death #enalty cases in the JCPC a 7uvenile ste# or does

it still fall in the #ervue of the toddler stage of develo#ment5

Are .e to believe that the =Lords of London> in their infinite .isdom are in touch .ith

the realities of the economic3 social3 legal and cultural nuances of the Caribbean region after fifty

or so odd years of decoloni:ation5 6s it that Caribbean leaders cannot trust Caribbean 7udges to

understand and to react to Caribbean legal issues .ith fairness3 7ustice andor an understanding

of the la.5 Cant the 7udges entrusted .ith the enforcement of local la.s duly discern the intent

of their forefathers using Caribbean lenses5 ;hose reality is the runa.ay crime rate in the

region3 the lack of economic o##ortunities for the youth3 and the social ills of elitism on the faces

of the =haves> in Caribbean society5 Arent la.s .ritten as a reflection of the social #roblems

and ty#es of behaviors they aim to deter based on Caribbean e9#eriences in the Caribbean

region5

Just as many Caribbean $tates have e9#ressed frustration and resentment for the

continued 7urisdiction of the JCPC over a##eals from the region3 it is my vie. and the vie. of

like minds that the JCPC is e9#ressing its discontent by .ay of its decisions on death #enalty

a##eals being brought for.ard by Trinidadian nationals and others in the Caribbean region Like

a mother .hose child has reached the age of maturity but still refuses to leave the comfort of the

nest3 the JCPC is sending a clear message to those .ho have ears to hear *or one3 the #rocess of

bringing an a##eal to the JCPC is3 one might say #ur#osefully3 cumbersome and e9#ensive Also3

the ma7ority of JCPC a##eals u#hold the decisions of the lo.er court *inally3 the JCPC is clear

in its intent to make decisions consistent .ith the e9isting la.s and not to divert or suggest

diversion from them

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Based on these actions3 it is my o#inion that the JCPC is sending a message to the

Caribbean that says it is time for them to gro. u# and deal .ith their o.n affairs By making the

#rocess cumbersome and e9#ensive3 and not overruling most of the local decisions3 the JCPC is

e9#ressing their need to .ithdra. from the Caribbean decision making #rocess

The Constitution of Trinidad and To"ao

The Constitution of the !e#ublic of Trinidad and Tobago Act &@E on /@ ,arch &@E3 $ections

/3 H3 ) and &@

The Amended Constitution

The Constitution Amendment Ca#ital Offenses Act of /'&&/'created a mandatory death

#enalty for #ersons convicted of ,urder & The Act in section A states that =$ub7ect to this Part3

a #erson convicted of murder shall suffer death>/&6t lays out the different circumstances under

.hich a charge of ,urder & is a##ro#riate and distinguishes them from other ty#es of homicide

A charge of ,urder & is reserved for the murder of certain state officials3 =murder that is

es#ecially heinous3 atrocious or cruel3 manifesting e9ce#tional de#ravity>//3 and intentional

murder due to a #ersons race3 religion3 nationality or country of origin/(

III. ,eath Penalty Cases eaffirmin /ocal /a' "y the JCPC

19Constitution of the !e#ublic of Trinidad and Tobago3 Act H of &@E3 available at%

htt#%...ref.orldorgdocidHe((bH/html accessed October @3 /'&(K

20The Constitution Amendment Ca#ital Offenses Act 1/'&&21Trin + Tobago23 available at

htt#%...tt#arliamentorglegislationsb/'&&h'/#df

21Id at /

22Id at ("H

23Id at H11


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A close study of the cases a##ealed to the JCPC from the Caribbean region .ill reveal a

trend of noninterference in the 7udicial affairs of sovereign states The JCPC has for numerous

years modeled3 and advised and led along the .ay Go. is the time for Caribbean nations to

=break free> and to deal .ith their o.n issues 6t has al.ays been the #ractice of the JCPC not to

interfere .ith the legality of local la.s As stated earlier3 from as early as theBritish Coal243 the

JCPC has stuck to ans.ering a##eals based on misa##lication of already e9istent la.s in the

region3 and staying clear of the 4uestion of .hether or not the la. should e9ist at all

A. Pratt +. The Att0y en. of Jamaica

6n this &@@( casePratt v. the Atty Gen. of Jamaia/)3 Pratt and ,organ had been

incarcerated for murder & years before the a##eal .as heard by the JCPC They had been

sentenced to hang in &@E@ yet had s#ent the last &H years on death ro. They had even been

transferred to the gallo.s three times .ith a date to be hung having been set and the death

sentence read to them 0es#ite this3 the a##ellants had not been hung but had been left to

endure the #sychological trauma of uncertainty of .hen they .ould be #ut to death3 cou#led .ith

indefinite incarceration

6n delivering the o#inion3 Lord


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said N#eo#le ought not to be brought u# to e9ecution3 or believe that they are to be e9ecuted3 time

after time .hether innocent or guilty3 ho.ever it may be3 .hatever their crime That is a .rong

thing>/E The Lords also noted in this o#inion that3 =There is an instinctive revulsion against the

#ros#ect of hanging a man after he has been held under sentence of death for many years>/F A

distinction .as also made bet.een delays occasioned by the condemned o.n actions versus the

actions of the state 6f the condemned causes his o.n delay due to a##eals3 etc then it cant be

seen as inhumane 8o.ever3 hangings carried out by the state after long delays caused by the

state are seen as inhumane

*inally3 it .as the vie. of the Lords inPratt that if a state chose to retain the death

#enalty they should also take the res#onsibility of ensuring that the sentence is carried out .ithin

a reasonable time/@ A balance should be sought bet.een allo.ing time for the o##ortunity of

the condemned to a##eal and the state not acting tortuously by holding the condemned for years

after the death #enalty has been read

;hile not ruling against Jamaicas 0eath Penalty La.3 the Lords ruling can be

inter#reted as saying if a #erson sentenced to death has not been hung after five years3 their

sentence should be commuted to life im#risonment or something else close to such to be

determined by the local state in a##lication(' 8ere the JCPC is sending the message that it .ill

not overturn Caribbean la.s3 even though it recommends s#eedier e9ecutions or stay of

e9ecution after a certain number of delayed years

27Id at (

28Id at &@

29Id at /(

30Id at /13


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B. $atthe' + Trinidad and To"ao31

Charles ,atthe. .as convicted of the murder of Louis


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#unishment >(H

6n e9amining this case3 the JCPC recogni:ed that the mandatory death sentence .as cruel

and inhumane #unishment under section H and ) 8o.ever3 it .as saved by section of the

Constitution $ection 1&2 #rovided that nothing in section H or ) could invalidate an e9isting

la.() The Offences Against the Person Act .as #assed in &@/) .hile the Constitution of the

!e#ublic of Trinidad and Tobago Act .as #assed in &@E Therefore3 the Offences Against the

Person Act #receded the latter and .ould be considered an e9isting la. under the meaning of

section 1&2 of the Constitutional Act of &@E

6n analy:ing the o#inion of the JCPC in%atthe&3 it is my o#inion that this ty#e of

decision sho.s the JCPCs reluctance to overturn Caribbean la.s ven if la.s are found to

contradict each other3 and to contradict international obligations made by the sovereign state3 the

JCPC looks for .ays .ithin the e9isting body of la. to save and u#hold the la. 6f the la. is

saved by any other clause or la. on the books of the sovereign nation3 the JCPC errs on the side

of caution 6t is not .illing to make ma7or changes to e9isting la.s but gently suggests that the

sovereign state take a second look at the #roblematic area on its o.n This says that the JCPC

does not .ant to be involved in the #rocess of la.making in the Caribbean 6t is almost as

though they are saying to the Caribbean that these are your la.s3 .e can suggest .ays to

strengthen them3 but .e .ill not change them for you That is your 7ob

C. Ben%amin +. Trinidad and To"ao

32

34Id at &F

35Id at &F"&@

36Ben7amin v Trinidad and Tobago /'&/K3 -?PC F3 available at

htt#%...7c#cgovukdecided"casesdocsJCPCM/''@M'&&(MJudgment#df15


16/21

0eenish Ben7amin and 0eochan


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.ould be un7ust for them to touch the to#ic since the courts in the Caribbean region hadnt had

the o##ortunity to formulate their o.n a##roach to the to#ic

6t is my o#inion that the JCPC3 here again3 is sho.ing great deference to the Caribbean

region and its courts The message it sends in this case is that the JCPC .ill not tell the

Caribbean region ho. to govern itself 6t is also saying that the Caribbean region is in itself

better e4ui##ed to ans.er this 4uestion than the JCPC and should be allo.ed to develo# this rule

of la. on its o.n .ithout #remature outside interference 8ere again .e see the underlying

message that the Caribbean is better e4ui##ed to deal .ith Caribbean issues

I&. Best Alternati+e to the JCPC CCJ

A The Caribbean Court of Justice 1CCJ2

The CCJ o#erates as t.o courts combinedH' 6t is an Original Jurisdiction Court dealing .ith

the right of CA!6CO, members to move freely and do business bet.een CA!6CO, states as

established by the !evised Treaty of ChaguaramusH& 6t is also an A##ellate Jurisdiction Court

for CA!6CO, member states .ho have chosen to submit to it for that reasonH/

6n order to re#lace the JCPC .ith the CCJ3 the JCPC must first be removed legally To

remove the JCPC as the court of last resort in Trinidad and Tobago a three 4uarters ma7ority vote

from the 8ouse of !e#resentatives and a t.o thirds ma7ority vote from the $enate is necessaryH(

40htt#%...caribbeancourtof7usticeorgabout"the"cc7fa4s

41Id.

42Id

43,atthe.


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As of /''@3 'R of a##eals to the JCPC came from Trinidad and Tobago and Jamaica

combinedHH 6n order to effectively transfer such a heavy caseload to the CCJ3 ade4uate funding3

staffing3 and #re#aration is a must

stablished in /''&H)3 the CCJ heard its first case in August of /'') Although that case .as

unrelated to the death #enalty3 the hearing of that case re#resented a shift for the Caribbean

region ,any critics of the JCPC say that the CCJ .as established due to gro.ing

disenchantment .ith the JCPCs involvement in Caribbean legal issues One such controversial

case3 as mentioned above .asPratt.4*

The JCPCs decision inPratt that #ersons .ho a.aited hanging more than five years after

being sentenced should have their sentences commuted to life sentences angered the Caribbean

community This decision came even in light of the fact that the ma7ority of the #o#ulation in

the Caribbean region favored the death #enalty According to 0avid !o.e3 ad7unct #rofessor of

la. at the -niversity of ,iami $chool of La.3 many Caribbean critic see the JCPC as =a court

that actively frustrates the e9ecution of the death #enalty3 .hich3 at least nominally3 remains on

the books of most Caribbean territories3 des#ite very fe. hangings in recent decades>HE ,r

!o.e further argued that these same critics actually vie. the invention of the CCJ as an attem#t

/''H ?ingston at &( &)H

44Taken from JCPC 0ecided A##eals /''H"/''@

45&/ CA!6CO, states signed the agreement establishing the CCJ ,ore information available at

htt#%...caribbeancourtof7usticeorgabout"the"cc7fa4s

46Pratt3 / AC &

47Peter !ichards3 $rinidad Pressured to +rop %andatory ,anging3 CA!6BBAG('3 ,ar &)3

/'&(3 available at

htt#%...caribbean('cominde9#h#ne.strinidadMtobagoMne.sE((HEhtmlSa9::/m9hm

0v&L18


19/21

to by#ass the JCPC in order to re"introduce hangingsHFGo one has been hung in Trinidad and

Tobago since &@@@3 des#ite ca#ital offence convictions This is blamed largely on JCPC

involvement and delays

A /'&& study conducted in Trinidad and Tobago found that F@R of Trinidad and Tobago

su##orts the death #[email protected] a ma7ority of those .ho su##ort the death #enalty also

believe that it should not be mandatory but that 7udges should have some discretion as to .hen it

is a##lied)'6n January /'&& it .as re#orted that (3(() murders .ere committed in Trinidad and

Tobago from /''/ to /'&'3 and H/ inmates sat on death ro.)&

The JCPC seems to be insensitive to the legal needs of the Caribbean3 as seen by the #rior

mentioned study The JCPC has also been sho.ing a heightening disinterest in the continued

hearing of Caribbean a##eals A move to the CCJ .ould #otentially solve these #roblems

The CCJ is located in the Caribbean3 namely in Trinidad and Tobago)/ By moving to the

CCJ3 this .ill alleviate the #rocedural discomforts of travel to and from ngland as .ell as

largely decrease the #rice of litigation for those .anting to a##eal their convictions Because the

Court is located in Trinidad and Tobago it should also have the effect of reducing delays in .hen

a##eals are heard The #roblem of delayed hangings3 such as inPratt3 can be eliminated or

reduced significantly This could be a double edged s.ord though *or inmates it could mean

48Id

49Id

50Id.

51Peter !ichards3 $rinidad Aims to Bypass Privy Counil on +eath Penalty3 6nter Press $ervice

Ge.s Agency3 Jan /'3 /'&&3 available at htt#%...i#sne.snet/'&&'&trinidad"aims"to"

by#ass"#rivy"council"on"death"#enalty

52The CCJ is located at &(H 8enry $treet3 Port of $#ain3 Trinidad and Tobago19


20/21

the #ossibility of an a##eal .here it .as not #ossible before due to lack of funds to #ay for the

e9#ensive #rocess of a##ealing to ngland 8o.ever3 it could also mean that .ith the delay time

being reduced3 less sentences being commuted to life sentences and more #eo#le being hung

The CCJ is funded by the CCJ Trust *und )( This uni4ue funding ensures that no one

country has #olitical control over the 7udges or its #rocesses This method of funding is also

significant because unlike the JCPC 1.hich is funded by British ta9#ayers2 it is not funded by the

ta9#ayers in Trinidad and Tobago This ty#e of funding structure also leads to stability .hich

Trinidad and Tobago seeks in an a##ellate court

The CCJ has been in e9istence for more than a decade in the Caribbean region)Hand heard

over EH cases in its a##ellate division)) Based on the fact that it has been able to sustain itself

this long3 6 believe that Trinidad and Tobago .ill be making a #ositive ste# if a##ellate

7urisdiction is transferred from the JCPC to the CCJ Because the CCJ already has original

7urisdiction under the !evised Treaty of Chaguaramus for issues falling under that bracket3 the

addition of the cases that regularly go to the JCPC .ill hel# to strengthen the CA!6CO, bond

bet.een Trinidad and Tobago and the other states in the region 6t .ill also solve the #roblem of

#utting Trinidadian #roblems in the hand of the JCPC for solutions Transferal of a##ellate

7urisdiction to the CCJ .ill mean Caribbean 7udges hearing and delivering o#inions on

Trinidadian legal issues This is the ideal solution for the current #roblem facing Trinidad and

Tobago today

53htt#%...caribbeancourtof7usticeorgabout"the"cc7fa4s

54Agreement establishing the Caribbean Court of Justice3 *eb &H3 /''&3 available at

htt#%...caribbeancourtof7usticeorgabout"the"cc7cc7"conce#t"to"reality

55htt#%...caribbeancourtof7usticeorg7udgments"#roceedingsa##ellate"7urisdiction"

7udgments20


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