While several top jurists in Trinidad & Tobago have welcomed the government's decision to move criminal appeals to the Caribbean Court of Justice (CCJ) others are suggesting that it doesn't make sense.
They include former Attorney General attorneys general Ramesh Lawrence Maharaj and John Jeremie.
Jeremie told the Express newspaper Thursday, "The statement of intent to remove criminal appeals might be welcomed but it did not go far enough nor did it seem to be practicable or lawful".
He added, "It is artificial to speak about abolishing the Privy Council for criminal appeals only." He noted that so-called 'criminal law' matters can easily become intertwined with constitutional law issues,.
"So it is in that context that I believe that the present Prime Minister knows that you really cannot go with this idea at this time, unless you decide that you are going to abolish the civil jurisdiction as well," he said.
Maharaj said the British Government could turn down the proposal.
Opposition Leader Keith Rowley said his People's National Movement (PNM) supports the idea of the CCJ as the final court of appeal for Trinidad & Tobago.
They include former Attorney General attorneys general Ramesh Lawrence Maharaj and John Jeremie.
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| John Jeremie |
Jeremie told the Express newspaper Thursday, "The statement of intent to remove criminal appeals might be welcomed but it did not go far enough nor did it seem to be practicable or lawful".
He added, "It is artificial to speak about abolishing the Privy Council for criminal appeals only." He noted that so-called 'criminal law' matters can easily become intertwined with constitutional law issues,.
"So you cannot say you are abolishing criminal appeals. What does that mean? That the Privy Council cannot decide a criminal case on a constitutional basis? It makes no sense," he said.
Jeremie said Article 25 of the CCJ provides for a broad appellate jurisdiction which includes criminal, civil matters. "If we now wish to limit the appellate jurisdiction to the criminal side, we would be in breach of that agreement," he said. He said it is now too late to make changes to the treaty establishing the court.
Jeremie said Article 25 of the CCJ provides for a broad appellate jurisdiction which includes criminal, civil matters. "If we now wish to limit the appellate jurisdiction to the criminal side, we would be in breach of that agreement," he said. He said it is now too late to make changes to the treaty establishing the court.
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| Ramesh L. Maharaj |
Maharaj noted that when he was AG in the Panday UNC administration the government had proposed the same partial removal. However he said the British government did not approve it, noting that the British Government had to decide whether it would keep the civil jurisdiction.
"We were told that they were not prepared to do that". He said the Privy Council was quite happy to do get rid of the jurisdiction altogether.
"So it is in that context that I believe that the present Prime Minister knows that you really cannot go with this idea at this time, unless you decide that you are going to abolish the civil jurisdiction as well," he said.
Maharaj said the British Government could turn down the proposal.
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| Keith Rowley |
Opposition Leader Keith Rowley said his People's National Movement (PNM) supports the idea of the CCJ as the final court of appeal for Trinidad & Tobago.
However he said the partial move is not workable.
It's a change of his initial move supporting the partial withdrawal.
On Thursday he told local media if the partial move affects the Caricom treaty establishing the court the proposal by the government would be illegal.
He urged the Government to replace the Privy Council in all matter and completely abolish it in favour of the CCJ.
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