British High Commissioner Arthur Snell has said that as a sovereign state, Trinidad & Tobago is within its right to stop using the Privy Council.
"We note the proposals outlined by the Prime Minister of Trinidad and Tobago to cease using the Judicial Committee of the Privy Council (JCPC) for criminal appeals," the diplomat stated in an online blog.
"The JCPC does not lobby or encourage sovereign independent countries to join or leave its jurisdiction.
"It is entirely a matter for the individual country concerned whether it wishes to continue to use the service that the UK's most senior judges provide to countries which use the Committee as their final court of appeal."
Prime Minster Kamla Persad-Bissessar announced in Parliament on Wednesday that Trinidad & Tobago plans to stop using the London-based Privy Council as the final court of appeal in criminal matters. That rsponsibility, she said, would go to the Caribbean Court of Justice (CCJ). The Privy Council would still be the final court in civil matters.
She noted that the move is a demonstration of Trinidad & Tobago's growing confidence in the CCJ. She added that "there is ample precedent for such a phased withdrawal from the jurisdiction of Her Majesty's Privy Council."
The Judicial Committee of the Privy Council (JCPC) has also stated that Trinidad & Tobago is free to leave.
While the committee did not wish to comment on the political issues, it said, "It is entirely a matter for the individual country concerned whether it wishes to continue to use the service that the UK’s most senior judges provide to countries which use the Committee as their final court of appeal.”
Attorney General Anand Ramlogan told local media Saturday the way CCJ judges are named would assure it stays independent. He said the Regional Judicial and Legal Services Commission (RJLSC) appoints CCJ judges. "That leaves no room for political interference in the appointment of CCJ judges,” he said. “The judges have security of tenure.”
The 11 members of commission includes two locals, former Chief Justice Michael de la Bastide, who is the CCJ’s first president, and Martin Daly.
"We note the proposals outlined by the Prime Minister of Trinidad and Tobago to cease using the Judicial Committee of the Privy Council (JCPC) for criminal appeals," the diplomat stated in an online blog.
"The JCPC does not lobby or encourage sovereign independent countries to join or leave its jurisdiction.
"It is entirely a matter for the individual country concerned whether it wishes to continue to use the service that the UK's most senior judges provide to countries which use the Committee as their final court of appeal."
Prime Minster Kamla Persad-Bissessar announced in Parliament on Wednesday that Trinidad & Tobago plans to stop using the London-based Privy Council as the final court of appeal in criminal matters. That rsponsibility, she said, would go to the Caribbean Court of Justice (CCJ). The Privy Council would still be the final court in civil matters.
She noted that the move is a demonstration of Trinidad & Tobago's growing confidence in the CCJ. She added that "there is ample precedent for such a phased withdrawal from the jurisdiction of Her Majesty's Privy Council."
The Judicial Committee of the Privy Council (JCPC) has also stated that Trinidad & Tobago is free to leave.
While the committee did not wish to comment on the political issues, it said, "It is entirely a matter for the individual country concerned whether it wishes to continue to use the service that the UK’s most senior judges provide to countries which use the Committee as their final court of appeal.”
Attorney General Anand Ramlogan told local media Saturday the way CCJ judges are named would assure it stays independent. He said the Regional Judicial and Legal Services Commission (RJLSC) appoints CCJ judges. "That leaves no room for political interference in the appointment of CCJ judges,” he said. “The judges have security of tenure.”
The 11 members of commission includes two locals, former Chief Justice Michael de la Bastide, who is the CCJ’s first president, and Martin Daly.
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