JLP there is not poltical liability with supporting the CCJ

[Wahalla]

I dont understand this opposition.... to ccj...


All eyes on the Senate’s CCJ debate this Friday

Tuesday, October 13, 2015

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Christopher Tufton (left) and Arthur Williams, the two sacked senators who were replaced following a Supreme Court ruling, confer during a sitting of the Senate. The nation will know Friday if they break from the Opposition Jamaica Labour Party and vote with Government senators for the Caribbean Court of Justice. (JAMAICA OBSERVER FILE PHOTO)
THE Senate will start debating the three Bills which have been tabled by the prime minister in the Government's search for parliamentary support to replace the Privy Council in England with the Caribbean Court of Justice (CCJ) as Jamaica's final court of appeal.
What makes the Senate debate more interesting than the debate in the House of Representatives, which ended on May 12 with the Government's two-thirds majority safely carrying the Bill across that threshold, is obviously the fact that there can be no two-thirds majority in the Senate unless one of the Opposition members votes with the Government.
All eyes have been on the two Opposition senators who were returned to the Senate in February, after a Supreme Court ruling, as candidates for reversing their positions. However, speculation is that it is a very unlikely outcome, considering that these are not senators without strong, traditional loyalties as were the people who had temporarily replaced them during their temporary absence from Parliament.
An inside informed assessment suggests that the Opposition might have been more vulnerable to a reversal of support, had they kept the two senators who had replaced them and whose political loyalty has been less tried and tested in the political arena.
This suggests that the Government might have had a better chance of having the controversial Bill -- An Act to Amend the Constitution of Jamaica to provide for the replacement of appeals to Her Majesty in Council with new provisions for appeals to the Caribbean Court of Justice as Jamaica's final appellate court -- passed prior to the reversal of the Leader of the Opposition's decision to replace those two senators with senators with less transparent ties to the Opposition Jamaica Labour Party (JLP).
It also highlights the value of the framers of the Jamaica Constitution decision to allow for the appointment of eight Opposition senators, as a counter to any fascist intention to manipulate the Constitution with a two-thirds majority in both houses.
Reminding the Senate about the debate on Friday, Leader of Government Business Senator AJ Nicholson rose at the end of last week's sitting and reminded members that the debate takes place during heritage month, including the 150th anniversary of the Morant Bay Rebellion.
"So, Sir," he told the President, Senator Floyd Morris, "We will bear those things in mind and respectfully ask that the Senate be adjourned to next (this) week Friday."
Leader of Opposition Business, Senator Tom Tavares-Finson, rose and reminded the Senate that Friday was actually the birthday of Senator Robert Montague (Opposition).
And, as the members picked up their bags to leave the chamber, Senator KD Knight (Government) rose and remarked, that "Mr President, I rise to join the debate concerning the birthday."
The Senate erupted in laughter, and as the members prepared to leave the chamber, Senator Norman Grant (Government) rose and wished Senator Montague "A happy birthday and all the best".

[Tuff Gong]

You don't? You feel safe at the hands of eminent Jurists such as PJoke Patterson who might be called to Bench of this Court (although theoretically he is eligible for the The Judicial Committee of the Privy Council, but at least we have a history of fair play and fair mindedness from same.)

[Wahalla]

Privy council don't want Jamaica any more!!!! They spend too much time on Jamaican cases....


Who is on the CCJ http://www.caribbeancourtofjustice.o...the-ccj/judges

Not polticians... but career judges including one from Guyana, a Trini, a Yardi, a Dutch man and a Englishman....

[Tuff Gong]

Privy council don't want Jamaica any more!!!! They spend too much time on Jamaican cases....


Who is on the CCJ http://www.caribbeancourtofjustice.o...the-ccj/judges

Not polticians... but career judges including one from Guyana, a Trini, a Yardi, a Dutch man and a Englishman....

My thing is stay in it till the bitter end. Maybe if the quality of Jamaican Justice was not so poor, the Privy Council would not be inundated with Jamaica cases. Just thing of all the eminent Jamaican Lawyers charged for defrauding their clients recently?
Would you want their Clients to face their friends and company on the CCJ?

[Wahalla]

last week there was a repott of a dreadi lady who made the identical argument to you... first fix the lower courts... then the upper..

In the Kern Light bulb case...

the DPP is going out with Kerns brother and the judge r was KD Knights protegee.... kd knight his lawyer.

[Tuff Gong]

last week there was a repott of a dreadi lady who made the identical argument to you... first fix the lower courts... then the upper..

In the Kern Light bulb case...

the DPP is going out with Kerns brother and his defense lawyer was KD Knights protegee....

And the Prosecution cannot Appeal even in cases where there maybe apparent bias?

The deck is stacked against those of us wih lesser means and/or influence.

Consider this case.

Court of Appeal blasts Bunting

Says it was lawful for magistrate to hear Curacao national’s deportation case on a Saturday

BY PAUL HENRY Co-ordinator -- Crime/Court Desk [email protected]
Wednesday, October 14, 2015 26 Comments
http://www.jamaicaobserver.com/news/...nting_19233458

[blugiant]

mii wandarinn iff da abjections iss cah sum jamaicans fear a court system widd more blakk judges instead aff oyinbo judges

[Wahalla]

What the dreads fear a black judge ?




There are two white judges on the CCJ one from the Netherlands and one from the UK. And PJ is on the Privy Council....!
look at the link of what being posted.

Traditionally under Busta JLP has been against regional integration.... That is part the issue... as opposition i suspect they oppose for partial poltical relfective reasons.

There is something wrong with Jamaica Justice system... it is over loaded..Not just the police, but the courts and the jail... The courts have a back log of cases. Lawyers, judges and politicians are now talking about simply let the cases lapse....

The capacity of the Jails are at 190% planned capacity by the offical figures which i suspect is actually worse than that.... Tower Street has 4 people per cell in cells designed for 1!!!... Hope Road lock up i think was shut down because a rat decided to eat a prisoner on Remand.. And was shut down,,, Sending the unconvicted into the General popualtions.

St Cathrine Adult correctional facility was a slave punishment facility built in the 1700, the Towerstreet there is a debate wheeter it establishmen tpredated or post dated slavery..


The lower courts need to be fixed... .Tehre is a feeling you havve a better chance of getting off if you are represented by KD Knight than Tavaris Finson...!!! across the poltical devide..

I actually take Tuffys point..The lower courts are less than compete and there is an air of ref. for all the noise about the privy council and reparation.. in the last thirty years can any one doubt the fiarness of its judgements... once we leave it we wont get back in.. So we need to be damn sure as to the fairness of what we get to replace it. But these higher courts are not about guilt or innocence they are about points of law and procedures and presupposes the competence and balance of the lower courts..


Because we go to the Privy Council, there wont be hanging in Jamaica.. if we go to the CCJ that is in debate... Oh there is a sentiment to bring back hanging... But here is the thing, there is an air of neglect to the jusctive system, or benign incompetence through lack of resources, that i suspect that there is a lot more innocent people get convicted than guilty people.... Look the lawyers may steal your money but hey they are well trained and the system is such they rarely get caught and punished...

This is the reason why I am convinced Jah Cure was guilty.... He was well represented and if a skilled lawyer cant creat enough doubt as to guilt then there had to be a high preponderance of truth!

Basically the point is that the Privy Council or CCJ it does not really matter till the lower courts are fixed... then justice is served...Yes I would prefer the CCJ to the Privy.. but spend the resources to make the change on fixing the lower courts...