Wednesday, June 16, 2004

Ja: On the road to a Caribbean Court of Justice

THE Privy Council effectively ruled yesterday that the Jamaican Parliament can abolish appeals to the UK-based court without the need for major constitutional amendments - a decision that was being interpreted by the government last night as removing a substantial hurdle to the island's participation in the Caribbean Court of Justice (CCJ).

In their judgment, the law lords held that Jamaican Dave Antonio Grant, who had lost his bid in the local courts to be extradited to the United States for a drug case, had no fundamental right to apply for special leave to be heard by the Privy Council.

Jamaican law gave the Court of Appeal the final say on extradition matters, the Privy Council agreed.

But it is the implication of the ruling for the politically-charged debate over the CCJ, which is to be the final court of appeal for several Caribbean countries, that will give the Privy Council's decision added gravamen.

"It is a major blow to those who contend that the Parliament is not competent to abolish special leave by the Privy Council without at the same time abolishing the Queen as the head of state," Attorney General A J Nicholson, told the Observer.

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