By Latrishka Thomas
Privy Council vs Caribbean Court of Justice (CCJ) debates have been reignited, sparked by a recent commitment from Attorney General Sir Steadroy Benjamin.
The AG has pledged to champion the cause and continue advocating for the CCJ to become the country’s final appellate court, emphasising the importance of another referendum to make the transition.
The country currently maintains the London-based Privy Council as its final appellate court. But the AG firmly believes that the true measure of independence lies in accepting the CCJ as the ultimate court of appeal.
“My position on the CCJ is this … we cannot deem ourselves to be really independent except and unless we accept the CCJ as our final court of appeal,” he stated.
Sir Steadroy expressed his determination to lead the charge once again to make the legal shift.
He said he has already garnered support from some legal practitioners.
“I have spoken to many senior practitioners in Antigua and they’ve all promised to join me in my fight to make sure that when the government so decides it will arrange another referendum to deal with the CCJ,” he added.
Back in 2018, a referendum to make the move to the CCJ failed to reach the required threshold, leaving many in the ruling administration disappointed.
The government needed a two-thirds majority of participating voters to support the move to the CCJ. However, the results showed that 52 percent of voters opposed the transition, while 48 percent were in favour.
One of the concerns contributing to the failure of the referendum was the fear among residents that the government would have undue influence over CCJ adjudicators. In response, Sir Steadroy emphasised the separation of powers, stating that “democracy garners three pillars, the judiciary, the executive, and the legislature. We control the executive and we control the legislature, but we do not control the CCJ”.
The country’s newest knight also stated that there are numerous benefits associated with making the CCJ the final court of the land.
“We must accede to the CCJ as our final court of appeal and there are many benefits that can flow from that. You can go to that court even if you don’t have the money to do so, once the court is satisfied that there is a case that is worth hearing,” he told Observer.
Campaigners for the CCJ have long cited the high costs associated with travelling to England for final appeals.
The CCJ was established in 2005 and is located in Port-of-Spain, Trinidad. It is the final court of appeal on civil and criminal matters for four Caricom member states, namely Barbados, Belize, Dominica and Guyana.
