Myrie Case Cited As Good Example Of CCJ Performance

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Published on Tuesday, 29 October 2013 13:34

Written by Ken Richards

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St Kitts and Nevis (WINN):

The Shanique Myrie case is being held up by one retired jurist as an example of “how well” the Caribbean Court of Justice is working.
Former Chief Justice of the OECS Supreme Court, Sir Brian Alleyne, says critics of the CCJ should note that the results of the case speak volumes about the independence of the court and the professionalism of the Justices who sit on that court.
Sir Brian says too often local courts are abused verbally because those concerned contend that rulings are made based on bias rather than on merit.
He says these criticisms often go on to expand into suggestions that Caribbean states should keep the London-based Privy Council instead of signing up to the CCJ as their final appellate body.
“The recent decision of the Myrie case in the Caribbean Court of Justice is a good example I think, of the independence of the court’” Sir Brian told WINN FM.
“The court deciding in favour of the citizen over the interests of Barbados -  to me that’s a very strong indication of the independence of the Court.  I think judges are very aware of their responsibility and the traditions which govern the independence of the judiciary,” the retired justice said.
Vincentian attorney Kay Bacchus Browne remains unconvinced however, that the CCJ is the way to go.
Only three Caribbean countries: Barbados, Belize and Guyana, have the Caribbean Court as their final appellate jurisdiction to date.
“I think that the courts are somehow too near to the political directorate, and they are appointed by the political directorate even thought it may be constituted in a different name,” the Vincentian lawyer said.
Meanwhile the president of the St Kitts and Nevis Bar Association – Charles Wilkin QC, says he is concerned that some leading politicians in the region pay only lip service to the regional court. - 

See more at: http://www.winnfm.com/news/local/6040-myrie-case-cited-as-good-example-of-ccj-performance#sthash.Irk97BWu.dpuf

JLP senator’s CCJ call dangerously frightening — Nicholson - News - JamaicaObserver.com

JLP senator’s CCJ call dangerously frightening — Nicholson - News - JamaicaObserver.com

Monday, October 28, 2013

LEADER of Government Business in the Senate, A J Nicholson has lashed Opposition Senator Alexander Williams for his call for the Caribbean Court of Justice (CCJ) to be deeply entrenched in the constitution.

Nicholson, in a letter to the editor yesterday, described the call as "dangerously frightening in the extreme", saying entrenchment in the constitution would require an unnecessary referendum costing taxpayers hundreds of millions of dollars.

NICHOLSON... where does Senator Williams' partisan political leaning take him? & WILLIAMS... calls for CCJ to be deeply entrenched in the constitution  1/1

Following is the full text of the letter:

"As you can well imagine, for me, Senator Alexander Williams' pronouncement in the Senate on Friday last is dangerously frightening in the extreme.

"He admits up front that 'matters relating to the judiciary should not be exposed to the political hustings'."

"The attorney/senator could hardly deny that, for that is the core reason why no former colony of Britain has established its final court of appeal to replace the Privy Council by means of a referendum, which, as Williams realises, is essentially a political exercise.

"But then, the partisan political clothing takes over. Come hell or high water, the JLP insists on a referendum, no matter what that might do to our judiciary.

"There is, of course, no requirement, on any score, of a referendum for Jamaica to have the CCJ as our final court of appeal, and for the court to be entrenched in our constitution. And the Privy Council itself has said so.

"So, where does Senator Williams' partisan political leaning take him? To an utterly new call for the CCJ to be DEEPLY ENTRENCHED in our constitution, which, constitutionally, requires a referendum for that to be accomplished.

"By that means, Senator Alexander Williams ('Smart Alec'?), brushing aside his premise of historical soundness, proceeds to declare: to hell with the Privy Council ruling, which was itself sought by the JLP; to hell with the hundreds of millions of taxpayers' dollars required for the holding of an unnecessary referendum, inter alia; we, the JLP Opposition, by any means necessary, insist on a referendum, even if voting for the Bills which are soon to come to the Senate will grant our people ready access to their final court -- a privilege denied to the vast majority of Jamaicans for centuries.

"Oh, the pernicious power of partisan political practice!"

Read more: http://www.jamaicaobserver.com/pfversion/JLP-senator-s-CCJ-call-dangerously-frightening---Nicholson_15341865#ixzz2jEbninO5

CCJ ruling: Shanique Myrie to be awarded J$3.6m - News - Latest News - Jamaica Gleaner

CCJ ruling: Shanique Myrie to be awarded J$3.6m - News - Latest News - Jamaica Gleaner

KINGSTON, Jamaica: 

The Caribbean Court of Justice (CCJ) has ruled that Jamaican Shanique Myrie be awarded a total of Bds$75,000 or $3.6m Jamaican dollars. 

The ruling by the six-member panel was delivered via a video conference in the Supreme Court. 

The court declared that the Barbados government breached Myrie’s right to enter the country under article 5 of the revised treaty of Chaguaramas. 

Myrie took the Barbados Government to the CCJ alleging that she was discriminated against because of her nationality when she arrived in Barbados on March 14, 2011. 

The 25-year-old also claims she was subjected to a body-cavity search in unsanitary and demeaning conditions before being detained and deported the next day to Jamaica. 

The Barbados Government denied the claims and argued at the hearing that the Jamaican woman had been untruthful to Immigration Department officials. 

Its lawyers also contended that her testimony was contrary to what she had provided in statements to the Barbadian police. 

Myrie wanted the CCJ to determine the minimum standard of treatment for CARICOM citizens moving within the region under the Revised Treaty of Chaguaramas. 

Myrie had asked the CCJ to award her almost US$500,000 in punitive damages for the treatment she received on her visit to Barbados. 

She also wanted the regional court to award costs and special damages. 

THE MYRIE CASE TIMELINE 

March 14, 2011 – Myrie travels to Barbados and was deinied entry after reported inhumane cavity search. 

January 12, 2012 – Application filed to Caribbean Court of Justice after Jamaican and Barbadian authorities failed to arrive at a settlement. 

February 17, 2012 – First case management hearing by video link from the Supreme Court to ensure all relevant documents were filed and the way the case should proceed. 

April 20, 2012 – CCJ ruled that there was sufficient grounds for Myrie's case to be heard. 

September 27, 2012 – Jamaican government given permission by the CCJ to intervene in the hearing. 

December 12, 2012 - During a case management conference by video link at the Supreme Court a trial date was set for the hearing to start March 4, 2013 in Jamaica to reduce expenses for Myrie. 

March 4-6, 2013 – CCJ sits at Jamaica Conference Centre, Kingston, Jamaica to hear Myrie's testimony. 

March 18 and 19, 2013 – case resumes in Barbados where the Barbadian government presented its case. 

April 8 and 9, 2013 – Final hearing at which the lawyers made submissions before the CCJ at its Headquarters in Trinidad. 

October 4, 2013 – CCJ ruling handed down.