Criminal appeals to CCJ won't automatically bring back hangings: De la Bastide

Michael de la Bastide, first president of the CCJ

Former President of the Caribbean Court of Justice Michael de la Bastide said on Thursday death penalty appeals will still go before the Privy Council in London, not the Caribbean Court of Justice (CCJ).

De la Bastide, who also served as Chief Justice, was commenting on the government's decision to move to the CCJ as the final court of appeal in criminal matters. Some critics have suggested that the reason for doing it is to allow the state to resume hangings.

However De la Bastide told local journalists it could be a long time yet before hangings could resume, noting that capital cases will continue to go before the Privy Council, because they are constitutional matters.

“The issue of hanging is one that will not be adjudicated by the CCJ, as long as the CCJ is restricted to hearing criminal appeals,” de la Bastide explained. “When someone challenges an execution, that person does so on a constitutional motion as it is alleged that their constitutional rights are being infringed.”

Under the proposal announced by Prime Minister Kamla Persad-Bissessar in Parliament Wednesday the Privy Council in London would be abolished as the country’s highest court of appeal in criminal matters.

All such matters will go before the CCJ, which is based in Port of Spain.

De la Bastide said the change would save millions of dollars since it would no longer be necessary to pay attorneys from England. "You are paying English lawyers in pounds and some of those lawyers who are silk charge very large fees," he said.

“There are local attorneys who charge high fees, but they are definitely not the same,” he said. “In the civil appeals, you need English solicitors as well as English barristers, whereas you can use lawyers from the region before the CCJ.”

He added, "In the Privy Council, even if you win a civil case and are awarded costs, that does not include the cost to recover hotel and accommodation expenses,” he said.

De la Bastide, who retired last year as the first head of the CCJ, paid tribute to the judges and staff of the CCJ for their dedication and creating public confidence in the court.