Dear Editor,
Although only four countries accepted the Caribbean Court of Justice (CCJ) as the final court in its appellate jurisdiction, the Port of Spain-based court is nevertheless busy, because it determines a large
number of issues in its original jurisdiction, and now it seems as if the regional court is moving into other areas in its quest to ensure that justice is served.
The Court on Thursday decided to seek a modification of section 72 of the Criminal Law (Procedure) Act of Guyana, which allows the DPP to ask a High Court Judge to review the depositions from a Preliminary Inquiry and exercise his/her independent discretion on whether to direct a committal or not.
The CCJ was at the time dealing with an appeal by Marcus Bisram, a U.S-based Guyanese who is charged with murder allegedly committed on the Corentyne a few years ago. The DPP had committed Bisram to trial before a Judge and jury although a Magistrate found that there was not sufficient evidence to warrant a trial, and had freed the accused.
The DPP then directed the Magistrate to commit Bisram to a trial. An appeal followed, and a first instant judge overruled both the Magistrate and the DPP, but the Guyana Court of Appeal set aside the Judge’s decision. Bisram’s lawyer moved to the CCJ, the final court of the land, which was puzzled at the wording of section 72 (1) and (2), since it is inconsistent with Articles 122 A and 144 of the Constitution.
The DPP and Bisram’s lawyer, Darshan Ramdhani, QC, are to file written submissions before a ruling by the CCJ. The CCJ, through its former President, Sir Denis Byron, and the current Head, Justice Adrian Saunders, also tried to urge the President and Opposition Leader in Guyana to arrive at a compromise and confirm the Chancellor of the Judiciary for 15 years. Both Carl Singh and Ian Chang acted in their positions for more than 12 years. They both retired without being confirmed. As a matter of fact, Chang has since passed.
Now both the Chancellor, Justice Yonette Cummings-Edwards, and Chief Justice Roxanne George are acting, and they have been “actresses” for more than three years. Guyanese are very pleased with the CCJ, because it played a very important role in the election process cases: the appointment of the Chairman of the Elections Commission, determining that 33 is the majority of 65, and the insertion of the word “valid” into the Constitution and the recounting of the votes.
The CCJ ruling was lauded in the freedom of movement case in which Jamaican Shanique Myrie was harassed as she sought entry into Barbados. So far, only four countries have abolished appeals to the Privy Council: Guyana, Barbados, Belize and Dominica; it is disappointing that Jamaica and Trinidad and Tobago, the two countries which were in the forefront in advocating the establishment of the regional court, have not yet abolished appeals to the Privy Council.
Sincerely,
Oscar Ramjeet
