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Habit7 wrote:
Death-penalty appeals will still go before the Privy Council in London, not the Caribbean Court of Justice. Former Chief Justice Michael de la Bastide said yesterday that there could be a long way to go before hangings could be resumed. Capital cases, he pointed out, will still 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.”
De la Bastide retired last year as the first president of the CCJ. On Wednesday, Prime Minister Kamla Persad-Bissessar announced in Parliament that the London-based Privy Council would be abolished as the country’s highest court of appeal in criminal matters. Those matters will now be referred to the CCJ. The country is expected to save millions of dollars when criminal matters go before the CCJ, said de la Bastide. He said it was no longer necessary to pay attorneys from England, whose fees were normally very high. “It would definitely be much cheaper,” he said. “You are paying English lawyers in pounds and some of those lawyers who are silk charge very large fees.” Admitting there were local attorneys whose fees were very high, de la Bastide said they were “nothing” when compared to English attorneys.
“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.” De la Bastide noted that there would no longer be costs for litigants having to travel to England, and the cost of hotel and accommodation would also be saved. “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. He said he expected regional judges to be paid either in TT or EC currency. De la Bastide paid tribute to the judges and staff of the CCJ for their dedication and creating public confidence in the court.
pugboy wrote:i expect kamala to do the usual and go against regardless of if she and anand said they wanted ccj in the past
hover11 wrote:This will never happen due to the special majority needed, the opposition doesn't want the government to look good and the only thing they can agree on unanimously is increase in pensions and salaries....this decade long debate rears it ugly head again and will crawl back in the abyss until a new distraction appearsFB_IMG_1653563192591.jpg
There is a distrust for the CCJ where political matters are concerneddeath365 wrote:This just shows how we, as a people, are still stuck with the colonial mindset.
We free but not smart enough, hav 2 run bac 2 masa to see if we decision was right.
If this is the case why is the CCJ here, imagine we paying for something with our tax dollars and not utilizing it this is why I will always say treasury could never be emptyKickstart wrote:There is a distrust for the CCJ where political matters are concerneddeath365 wrote:This just shows how we, as a people, are still stuck with the colonial mindset.
We free but not smart enough, hav 2 run bac 2 masa to see if we decision was right.
hover11 wrote:If this is the case why is the CCJ here, imagine we paying for something with our tax dollars and not utilizing it this is why I will always say treasury could never be emptyKickstart wrote:There is a distrust for the CCJ where political matters are concerneddeath365 wrote:This just shows how we, as a people, are still stuck with the colonial mindset.
We free but not smart enough, hav 2 run bac 2 masa to see if we decision was right.
I understand this point however England is going to say enough is enough , I thought yall were independent why you can't handle your own affairs and also the cost for us as taxpayers to fight an appeal in the privy council is burdensomeThe_Honourable wrote:hover11 wrote:If this is the case why is the CCJ here, imagine we paying for something with our tax dollars and not utilizing it this is why I will always say treasury could never be emptyKickstart wrote:There is a distrust for the CCJ where political matters are concerneddeath365 wrote:This just shows how we, as a people, are still stuck with the colonial mindset.
We free but not smart enough, hav 2 run bac 2 masa to see if we decision was right.
The Privy Council is seen by the population as the most independent and trustworthy as they are not influenced by local and Caribbean politicians who for the most part are in the law profession and well connected. When a ruling is made by the Lord Justices at the Privy Council, it is accepted. Unlike the High and Appeal courts, you don't have to discussion questioning if the Justices are Afro, or Indo, or UNC or PNM or Hindu or Christian, or sympathetic towards a race, class or culture.
hover11 wrote:Look how long slavery done but we still sticking up under the white man as our highest court, you feel England like to hear our cases. Then we have to re evaluate are we truly independent or just another banana republic aspiring to be a first world country?
agent007 wrote:If the issue is that we don't trust the CCJ hence the PC then that same rhetoric should apply for judgements delivered at the High Court and Magistrates Court.
If that was the case then in good faith, we should not have allowed the CCJ to be based right here in POS. It should have been Barbados instead. One would have assumed that it would have been the reverse. "Little England" subscribing to the PC while we subscribe to the CCJ but it's the reverse.
Oh well...as they say with bodi prices. Carry on...
The_Honourable wrote:hover11 wrote:If this is the case why is the CCJ here, imagine we paying for something with our tax dollars and not utilizing it this is why I will always say treasury could never be emptyKickstart wrote:There is a distrust for the CCJ where political matters are concerneddeath365 wrote:This just shows how we, as a people, are still stuck with the colonial mindset.
We free but not smart enough, hav 2 run bac 2 masa to see if we decision was right.
The Privy Council is seen by the population as the most independent and trustworthy as they are not influenced by local and Caribbean politicians who for the most part are in the law profession and well connected. When a ruling is made by the Lord Justices at the Privy Council, it is accepted. Unlike the High and Appeal courts, you don't have to discussion questioning if the Justices are Afro, or Indo, or UNC or PNM or Hindu or Christian, or sympathetic towards a race, class or culture.
Numb3r4 wrote:Everyone is making the point of the CCJ being "local" and that we don't need "massa" to make decisions for us but in light of what a great job we've done of managing our natural resources can we manage our own affairs?
I mean the multinational companies seem to do a better job of extracting and profiting of our resources than our local efforts, and we've tried. All out local efforts just seem marred by waste and inefficiency, even the existing justice system.
It is interesting that the debate for the CCJ vs. Privy Counsel comes at the same time that a foreign buyer might be found for the Petrotrin Refinery.
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