CJ needs to become the regions highest appellate court – Franklyn

Source: Radio Jamaica

Published: September 28, 2009

Delano Franklyn, attorney-at-law and former State Minister of Foreign Affairs and Foreign Trade has joined in the calls for the Government to re-table legislation related to the Caribbean Court of Justice (CCJ).

Last Monday, the London Financial Times quoted the new president of the United Kingdom Supreme Court, Lord Nicholas Phillips, complaining that the Law Lords have been spending too much time on cases in the former colonies, mostly in the Caribbean.

According to Mr. Franklyn, this statement shows that it is high time CARICOM becomes more proactive and institute the CCJ as the region's final court.

"We have persons with the capacity, capability and the intellectual ability to drive the Caribbean Court of Justice. It's time we got our act together (as) the British judicial system feels a little bit burdened by the fact that 40% of their time is taken up dealing with cases out of Jamaica.

"We need to see this criticism as something we can do without and become proactive and institute and put into action the Caribbean Court of Justice to be our highest appellate body," Mr. Franklyn said on RJR's RJR's PalavSunday.

The former State Minister of Foreign Affairs and Foreign Trade added that one of the reasons why the CCJ has yet to become the regions final court of appeal is because many in CARICOM believe that the court will be subject to manipulation by individual countries.

Mr. Franklyn does not share this view.

"I am simply amazed that there are individual who would be of that view (at this time) and if they looked at the bill which introduced the CcJ, it insulates us from, being interfered with, the political directorate and it insulates us from the political directorate being able to manipulate the system by holding back resources. In my view, it's a system which will be able to work," he said.