President of the Caribbean Court of Justice, Sir Dennis Byron, has sought to allay concerns that the Caribbean Court of Justice (CCJ) is political and is unable to dispense justice fairly and independently.
“I have been very, very strong in rejecting the type of suspicion,” he said. “I think it is completely unreasonable and unjustified.”
Byron was a guest on state-owned DBS Radio’s Talking Point on Thursday.
To drive home his point, the CCJ President noted the court is not a national but an international court which was established by treaty.
“None of the judges are selected or appointed by any government and no government has any say whatsoever in the selection or choice of who serves at the bench,” he stated.
Furthermore, he pointed, out that the financial arrangement that pay judges’ salaries is not managed by any government.
“There is a trust fund to which the governments have contributed and the interest from the trust fund operates the courts funding and financing in all aspects,” he explained.
Byron went on further to say the independence of the court is guaranteed by the judges themselves.
“Our court is not a mythical court, it is a real court with real human beings on the court, people who are known to the Caribbean community and who have established a track record over many years,” he stated.
He noted there are reasons for the public to believe the CCJ is fair and impartial.
“So I think there is every reason, every reason, why the public should feel confident that they have a fair and impartial court capable of dispensing justice at the highest level,” Byron said.
On Friday Dominica will officially mark its ascension to the CCJ as it final appellate court at a ceremony at the State House.
Byron congratulated Dominica for the move and said he hopes other islands will follow the example.
“I think it is a tremendous step forward,” he remarked. “We have been dreaming for a long time of having the CCJ assume its rightful position as the final appellate court for the Caribbean region and it is tremendous that Dominica has established leadership in the OECS region and is the first OECS country to actually make the step.”
CCJ = CoConut Justice
This dude could not even convince his fellow country men to join the CCJ but he is deep fishing elsewhere.
In one word, “utter Koshonee”…if that court system is going to function as anything close to what we have in Dominica…….well Heaven help us !
Prove it!!!!!!!!
Come on people grow up, as a people we have to learn to trust one another, we cannot always be behavig like slaves dependent on a master to make decisions for us. This is good move forward for the caribbean region, accept it.
“I have been very, very strong in rejecting the type of suspicion,” he said. “I think it is completely unreasonable and unjustified.”
Byron, Dominica serves as an example, there are murders walking the streets as free men although overwhelming evidence exists to convict such murderers. Here is an example of justice in the Caribbean. My late biological brother Almoor Robin, a Police office, he held the rank of Inspector, when in the Antigua Police Force; he was gunned down in a candy store.
Be informed, one of the culprits involved in my brother’s murder informed the police, four people were, involved, the one who reported to the police implicated himself he point to the trigger man in court, low and behold the judge let them go free stating the evidence was insufficient to convict even the man who pulled the trigger!
What better evidence is needed for a conviction of the culprits than one involved saying I was there; I saw such and such a person shot the victim? The one who implicated himself told the court he went along with the other three to rob the little candy store, By brother was in the their drinking a beer with his friend.
When they recognized him they shot him down like a dog through his heart. Back to Dominica, my nephew was murdered, his throat slashed. the murderer turned himself in to the police and confessed. The police let the man walk free stating he is incompetent and could not have murdered anyone; a few days later the confessed murderer was also found with his throat slashed.
Police investigation never results in anything, cases becomes dormant because politics is involved within the judiciary, from the police to the magistrates, and judges, we are aware of this fact. Politicians owns the judiciary.
Everything can be pre-decided over a bottle of scotch at that level as opposed to a chardel mourir/speak-easy.
Look at the Blaircourt case. was crabbacks and callaloo soup served with scotch?
Seeing Blaircourt was built on crab.
Readers and writers
It would be wise for the Dominica Bar Association to educate the Dominican Public on the workings of a court, Since every matter in Dominica is politically slanted, then UWP, Labour and independent lawyers should be on the panel.
But of course, when these programmes are put together, who attends, not the writers who display their ignorance and political stupidity, but those who are already informed.
I challenge all of you to go on a campaign to have education programmes on the CCJ, how the court operates and the process and procedures required to take a matter to court.
I was party to high powered case and I learnt so much more than I had already known.
The case re Athie Martin et al and Alexis. I told some friends Athie et al would not win and the Judge agreed with me. You trespass someone’s property and have no document to prove that Govt gave concessions to Alexis. Govt may well have given Alexis concession.
The only solution is for the people of the Caribbean to elect leaders who have demonstrated a clean portfolio..and if that doesn’t happen then they get the Government they deserve and a court they deserve even if “nous fini bat.” (we are done for).
Have confidence. Dominica is far from “nous finis bat.” Take a positive stand on that. Remember you are a D/can and you have an obligation to fulfill your duty, as a national, to Dominica. If everyone contributed their fair share be it resources and time beneficially, Dominica would be a much better place and to live.
The last thing which is needed is undue criticisms and bringing down of one’s country. This is bad for it and bad for those who hear and read about it especially the youths. Encouragement should always be the order of the day.
Sorry Pal, but it is precisely for you that the word lackey was invented..Dominica has rewritten the book on “old boys Network.” now new boys network..At least the Privy Council does not have a stake in the outcome of cases they hear from the Caribbean, and since they don’t know the actors it stands to reason that they can render an impartial decision..This is constructive criticism my friend and my obligatory right to give input into decisions that can affect our way of life in Dominica , not just the life of a few opportunists who make their livelihoods on the backs of the poor. Try removing the “wool” from your eyes and make Dominica a better place
CCJ is a damn joke! Its a Kangaroo court set up by caribbean leaders with dictatorship tendencies to protect their interest. The original CCJ Justices meant well (Sir Brian Allyne for instance) but the current bunch are more interested in sucking up to the regional leaders to ensure job security rather than focus on the deliverance of justice to all (rich and poor).
Assertive, NOT Aggressive!
it is important we read this article on lessons from St.Kitts, proof
https://timescaribbeanblog.wordpress.com/2015/03/05/lessons-from-st-kitts/
As far as THE NEW TODAY is concerned the St. Kitts situation has strengthened our resolve that the region is not yet ready to make the Caribbean Court of Justice (CCJ) its final appellate court instead of the Privy Council.
This newspaper has more than credible evidence about the kinds of underhand deals that take place at times among certain unscrupulous members of the judiciary and sitting Prime Ministers.
In Grenada itself, a sitting judge was caught in the open trying to recruit candidates for the New National Party (NNP) of current Prime Minister, Dr. Keith Mitchell.
Could anyone with a case against Dr. Mitchell honestly expect to go before that particular judge and get justice?
It is too late to even think of that. They are moving on. My suggestion as always is to pray for them and wish them well as you also pray for Dominica and that criminal activities of every sort be eradicated or decreased.
Criminal activities are the reasons why we have Courts in the first place. If people were good, loving and law-abiding there would be no need for them. There would also be no need for bickering, animosity and hatred among those who appear to be law-abiding and who disagree with others specifically on the basis of political support of the Party of their choice.
Note the type of words which could be spewed at others when some disagree with them. This too is unfair and practicing the sin of partiality. If we blame one section, we also have ourselves to blame. People need to take a look at themselves prior to undermining and judging others. While we discuss and criticize, we must conclude there is no perfect person, likewise perfection in this world.
Knowing this, we could do our utmost to strive for perfection. Some are doing this, are capable of doing this and others are not. Thus the consistent rift between factions and others which is very sad and projects that some members of humanity cannot contribute to happiness, peace and harmony, although this should be our earthly aim and to always strive to do better.
I have the highest respect for Sir Justice Byron. However given the media reports late last year of a CCJ judge who tried to fire his chauffeur because he refused to buy the complimentary tickets given to the judge and his wife, Sir Byron’s comment “the independence of the court is guaranteed by the judges themselves” begs the question ” how are judges screened and who screens then for positions on the court? Does the conduct of that judge speak of the quality of judges on the court.?
Investment prospects from other nations goes way down for a country connected with the CCJ. The Privvy council has really credibility the CCJ is just the same old corruption but on a multi nation basis
The fact that Dominica is the first in the OECS to join the CCJ is a somewhat dubious distinction.
Dominica has been known for other “firsts”:
1. Dominica was the first country internationally to agree to adopt bitcoins even if the dubious proposition was cancelled at the last minute.
2. Dominica is the only country where a prime minister takes an oath to defend the constitution and later openly boasts that “no law or constitution” of the country can restrain him.
3. Dominica is the first, and perhaps the only country in the OECS where there was a murder attempt on a retired magistrate and the prime minister did not categorically condemn the crime.
There are other “firsts” worth mentioning that would suggest that as far as Dominica is concerned, the appropriate saying should be: Fools rush in where wise men fear to tread.
Chair of the law dept. correction by specifying.
Take this ej and superimpose it on the CJC being honest.
It was an education on Bitcoin and a party, its was not a rip up the ECD event. The other 2 comments are valid but are eclipsed by your ignorance on the first.
Sir Dennis Byron is confussing the CCJ with the Privvy counsil, of course a corrupt political system like Dominica wants the CCJ
I wonder if the Myrie girl from Jamaica would agree with many of the comments here that are very destructive of the character of the CCJ. Here was a Jamaican a national, a citizen of a non-member of the CCJ taking on an active member of the CCJ and coming out victorious. Barbados is a member of the CCJ and Jamaica is not. Yet the CCJ ruled against the Bajan authorities in a test case. Should Barbados take the view of some here that the CCJ was bought by the high and mighty in Jamaica – worst still by the government? We criticize the CCJ without any iota of evidence to prove our claim. Simply because we have a political hate for Roosevelt Skerrit can make the CCJ, a Caribbean court whose members are drawn from anywhere in the world, a corrupt court? Oh, Dominicans. What is it that we want. When the court rule in our favour it is a good court. Once the ruling is against us, it is a bad and corrupt court. Same thing with the election results.
From a philosophical standpoint this is a positive move as people on the move towards real independence and identity. However, if the chief judge finds it necessary to justify impartiality proves the timing may be premature. The ideal moment would have total consensus and the chief would be saying thanks for asking us to take over.
If we had to wait for that then it would never happen because whatever the DLP does is always opposed by the supporters of the opposition. Believe me when I say that if the government had not made this move they would soon have been accused of having some ulterior motive for procrastinating in moving to the CCJ. There is just no pleasing the supporters of the opposition in Dominica. “Do” and they government is damned, “don’t do” and they are still damned.
I have no confidence in this court especially when it comes to constitutional matters.
Now what else do you expect the president to say? Uh? It will be impartial when we can get election petition that a Caribbean court can rule against a ruling government. It is the same judges from the national courts who will be sitting on the CCJ. Too much incest, too much cronyism, too much of those judges in lodge (secret societies) and UWI alumni and faculty together and too much of lawyers and judges only thinking about their career and advancement at the cost a better society for any thinking Caribbean resident to think you guys will be impartial.
Mr and miss JUDGES, you are employed by politicians and allu will never be truthful in allu judgement especially if governments are involved… the is rubbish and black law makers are the most corrupt of all judiciary in the world
The Carribean boast of having British law So does many an African former British colonies.
Aren’t they in competition for most corrupt after Latin America?
As a well travelled D/can. I am sometimes in limbo in my judgement on most corrupt part of the world question. The aforementioned are bad but having travelled and lived in China , Eastern Europe & being west Indian-Dominican I often wonder.
But this Neo-DLP with DFP leadership /(sheep are smart)/goat/mule or Donkey- Jaharsh in Arabic kind of have DA taking the cake in 21st century. Look at what a leader (so called by whose what standards?) debuts with! defrauding the national Treasury. Without a slap on the wrist let alone imprisonment because he was Guilty and blamed it on his lawyer ( admitting guilt). Had this matter been taken up by then president-( Law professor & former chair of the dept of law@UWI) he would have gone down in the history books & could have had DA named after him (laugh) instead of a low…
Interesting. Some legal luminary referred it to me as the bagasse court, staffed by judges who could not make the grade in London.
This is truly sad, CCJ is a waste of time it is a boys club, where the politicians of the Caribbean will continue to plunder those Caribbean islands. It is sad, I have always said we would have been better off staying with Britain. Anyway justice not recived on earth will be rewarded in heaven. God will deal with all those wicked people.
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Now what else do you expect the president to say? Uh? It will be impartial when we can get election petition that a Caribbean court can rule UWI together. Too much incest too much cronyism and too much of lawyers and judges only thinking about their career and advancement at the cost a better society for any thinking Caribbean resident to think you guys will be impartial.
Sir Byron would say so, of course. However, I did listen to the interview and he also said that the fact that heads of govt. determine the remuneration of the judges of the CCJ is a weak point. That could be used to apply pressure to the judges and I will not trust the court until this reponsibility is given to an independent committee as suggested by Sir Byron
Ma Moses do you have intention of taking a Government to Court?? Well get a damn good Lawyer to represent you, there are many cases where Governments has lost and had to pay in the millions, so i just cannot get your point??
YOU PEOPLE ARE AN EMBARRASSMENT!!!!!!
the point is that sir Brian allyene, I think was in Grenada, give a judgment against the government. and because of this he was victimized for that judgment…
the governments remain the number one criminal with regards to abuse of peoples rights, it is because government members believe because they are elected they are above the law and can do whatever they want to peoples lives. governments will always be in court with its citizens especially in the Caribbean.. so JOE take your head from the sand and look at the bigger picture, one day your party may not be in power and the other one could try and victimize you all so…