{"id":19621,"date":"2018-09-05T13:52:06","date_gmt":"2018-09-05T17:52:06","guid":{"rendered":"https:\/\/antiguanewsroom.com\/?p=19621"},"modified":"2018-09-12T12:29:55","modified_gmt":"2018-09-12T16:29:55","slug":"commentary-ccj-success-hurdles-futility-and-failure","status":"publish","type":"post","link":"https:\/\/antiguanewsroom.com\/commentary-ccj-success-hurdles-futility-and-failure\/","title":{"rendered":"COMMENTARY-CCJ-Success Hurdles Futility and Failure"},"content":{"rendered":"
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\u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0BY RAWLSTON POMPEY<\/p>

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Leaders displaying a sense of\npragmatism know that in order to achieve set goals and objectives, when the\ngoing gets tough, the tough leader shall get going. Leaders that bit more than\nthey can chew often choked themselves to death. Applied to the political\ndirectorate, proposing to make \u2018…Constitutional alterations,\u2019 likened to a\n\u2018Syrian Roti,\u2019 both Prime Ministers Dr. Ralph Gonsalves [St. Vincent & the\nGrenadines] and Dr. Keith Mitchell [Grenada], sought to bite huge chunks from\ntheir respective Constitutions. Among the proposed changes were, (i)\n\u2018…Dispensing with the Constitutional Monarchy and (ii) …Severing appellate\njurisdiction with the London-based Privy Council for membership on the\nCaribbean Court of Justice (CCJ). These two leaders appeared not to have taken\ninto consideration the legitimate concerns of the people or sufficiently\nendeavored, persuasively and convincingly to allay their fears, whether real or\nimaginary, thus, in the referenda, the proposed constitutional reforms were\ntotally rejected.<\/p>\n\n\n\n

PERSPECTIVE<\/p>

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This commentary looks through the\nexperiences of the referenda held in these two regional States and the\npreparatory work of the National Coordinating Committee (NCC) [Antigua &\nBarbuda], and likely challenges and factors that have potential to derail\nattempts into futility and failure. The proposal to affect a single\nconstitutional change encompasses four fundamental aspects. These include: (i) …Constitutional alteration; (ii)\n…Supreme Court Order alteration; (iii) …Severing appellate jurisdictional relations\nwith the Judicial Committee of the Privy Council (JCPC); and (iv) …Opting for\nmembership on the Caribbean Court of Justice (CCJ).\u2019 <\/strong>Such determinations,\nhowever, reside only with the electorate in a \u2018…National Referendum [November\n6, 2018].<\/p>

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CLUSTERED\nISLANDS<\/strong><\/p>\n\n\n\n

Though the nation is within the\nglobal community, it is uniquely positioned in a small geographical area, with\nseveral clustered islands, sharing commonalities of inter alia, customs,\nculture practice and mores. Though politically independent, is still\ninter-dependent on each other in trade, goods, services and exploitation of the\nhuman resource. Then there are two significant groupings \u2018…CARICOM and OECS,\u2019\nestablished by treaties, agreements with institutions to serve the regional,\nnational and common good. One such institution is the Caribbean Court of\nJustice (CJ). While hesitant regional leaders see the severing of appellate\nrelations with the Judicial Committee of the Privy Council (JCPC) as\nundesirable, Prime Minister Gaston Browne sees it differently.<\/p>

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REFORM\/ALTERATION<\/strong><\/p>\n\n\n\n

Lest people might be confused, when\nthe \u2018…Antiguans and Barbudans Constitutional Reform and Education (ABCREY)\u2019\ngroup speaks to \u2018…Constitutional Reform,\u2019 it may have been better understood\nby nationals in the Diaspora. Such term often connotes comprehensive\nconstitutional changes. Though a proposed single change, constitutionally\ndefined as \u2018…an alteration\u2019 might be confusing, reform may involve several\nproposals. No one may be confused by the terms \u2018…Reform or Alteration.\u2019\u00a0 <\/strong>The\ngroup has been advocating certain reforms that would enable citizens in the\nDiaspora to participate in the electoral process and recall of elected\nparliamentarians for ineffective representation to constituents. Even so,\nwhatever term is used, changes to the Constitution may also become problematic.<\/p>

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MONARCHY\/DEMOCRACY<\/strong> <\/p>

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The nation is among most regional\nStates with a \u2018…Constitutional\nMonarchy\u2019<\/strong> and governance that speaks to principles of democracy. While some\nadministrative policy-decisions might be considered adventurous, in the context\nof such principles, matters of grave national importance shall not only be void\nof partisanship, but shall also be all inclusive of every citizen. Therefore,\nit is not necessarily that which is good for the political directorate, but\nthat which provides for the good of the nation and people.\u00a0 In the Vincentian and Grenadian \u2018…Constitutional Referenda,\u2019<\/strong> it was\nnot the use of the term reform, but the several proposed changes that saw\ncomplete rejection of the constitutional moves by Prime Ministers Dr. Ralph\nGonsalves [November 25, 2009], and Dr. Keith Mitchell [November 24, 2016]. <\/p>\n\n\n\n

JURISPRUDENTIAL\nINSTITUTION<\/strong><\/p>\n\n\n\n

None may deny that the world\u2019s most\nauthoritative London Judicial Committee of the Privy Council (JCPC) has evolved\ninto a global jurisprudential institution, second to none. Its decisions are\narguably, fair and objectively well reasoned. They are determined on points of\nlaw by eminent jurists. In the colonial era, it has been the apex Court for\nnations then subjected to British rule and\/or under its dominion. For centuries,\nit has been the nucleus for many Commonwealth nations as the single most\nauthoritative jurisprudential institution. Likened to birth, there comes a time\nwhen the umbilical cord shall be severed.<\/p>\n\n\n\n

DISECHANTMENT\n<\/strong><\/p>\n\n\n\n

None may deny that the \u2018CCJ\u2019 has\nbeen the single most regional institution that has suffered mercilessly from\nthe discourse of members of society, interest groups and affiliatory\norganizations, including legal practitioners. The resultant effects have been\ninduced suspicion in the minds of litigants, while driving fear in the hearts\nof the citizenry. Though adjudicators are not infallible, some are as much as\nculpable in making decisions considered, at best unsatisfactory, and at worse,\ngravely perverse. From the daily discourse, these have resulted in \u2018…Disenchantment and Disgust.\u2019<\/strong> For\ninstance, many litigants have been aggrieved over the administration of\njustice, harboring perceptions that it lacked objectivity and fairness in\nequitably dispensing justice. Incidentally, when these comments are made,\nlikened to \u2018criminal malice,\u2019 and with absolutely nothing to do with its\njurisdiction, they are transferred to the \u2018CCJ.\u2019 <\/p>\n\n\n\n

IMPASSIONED\nPLEA<\/strong><\/p>\n\n\n\n

Endeavoring to further de-colonize\nthe nation from its jurisdiction Prime Minster Gaston Browne has proposed\nalterations to the \u2018…Constitution and Supreme Court Order.\u2019 In its 37th<\/sup>\nyear of political independence, while many vestiges of colonialism provocatively\nlinger in the life of the nation, a bold attempt through a \u2018Constitutional\nReferendum\u2019 could see the removal of another colonial vestige. Giving no\nimpression of political adventurism, he made \u2018…an Impassioned Plea\u2019 t<\/strong>o the nation in support of membership on\nthe Caribbean Court of Justice. Though legislatively positioned to influence\nthe requisite constitutional alterations, it would be imprudent to approach\nsuch change from the perspective of de-colonization. There has already been\nfull sovereignty [November1, 1981].<\/p>\n\n\n\n

NATIONAL\nCONSENSUS<\/strong><\/p>\n\n\n\n

To understand the implications, one\nmay look at the first failed attempts by Prime Ministers Dr. Ralph Gonsalves\n[St. Vincent & the Grenadines], and Dr. Keith Mitchell [Grenada] revealed\nthe lack of a key component \u2018…National\nConsensus.\u2019<\/strong> It was evident that the voters in the respective Constitutional\nReferenda in St. Vincent and the Grenadines and Grenada may have been so\noverwhelmed with doubts, as to be circumspect and apprehensive of the proposed constitutional\nchanges. Given the results, in some respects, time constraints may not have\nallowed for the consultative process to develop to the point where\nsensitization, enlightenment on the issues and implications for greater\nunderstanding, acceptance and approval by the voters. Consequently, both\nattempts had failed the litmus test of approval. <\/p>\n\n\n\n

CONSTITUTIONAL\nFIDDLERS<\/strong><\/p>\n\n\n\n

Whereas success characterizes\npragmatism in leaders, the \u2018…Constitutional\nFiddlers\u2019,<\/strong> buoyed by egoistic optimism, are often dogged by difficulties,\nrendering attempts at constitutional change futile. While in the cases of Vincentian\nand Grenadian Prime Ministers Dr. Ralph Gonsalves and Dr. Keith Mitchell, it\nmay not necessarily have been fiddling, it was the people\u2019s power that had\nderailed their political agenda, hidden or otherwise. From the people\u2019s\nperspective, the adjudicators and the political directorate may find it rather\ndifficult to exculpate themselves from the appellate Court\u2019s snail-paced\nmembership growth since its establishment [April 16, 2005]. Who might be\napportioned blame for the negligible membership of the Caribbean Court of\nJustice (CCJ), is clearly not as important as increasing its membership.<\/p>\n\n\n\n

DISCORD\nAND DIVISIVENESS<\/strong><\/p>\n\n\n\n

It has been part of the political\nlandscape and culture to sow seeds of \u2018…Discord and Divisiveness.\u2019 These have\ntaken its toll on the regional integration process, national development and\nthe people. These are impediments to progress, particularly the regional\nintegration process. There is also deceptive flattery. These were known to have\ndeveloped into frustration and disappointment. While those against membership on\nthe \u2018CCJ\u2019 speak to lack of confidence and distrust in the Judiciary, many have\naccused the political directorate of sowing seeds of \u2018…Discord and Divisiveness\u2019<\/strong> among Caribbean people. They have\nweakened their will by saturating their minds with misinformation, suspicion\nand doubts. None may deny that on matters of grave national importance, such\nare not only bad for consensus, but also for advancing national causes. <\/p>\n\n\n\n

COMMON\/NATIONAL\nGOOD<\/strong><\/p>\n\n\n\n

Where ignorance prevails or\nknowledge is concealed, it was often seen to have stirred emotions. Citizen\u2019s\nconfidence has often been subjected to erosion, even when the \u2018…Common and National Good\u2019 <\/strong>dictates\nrelative changes. Aided by political rhetoric, it had provoked \u2018…suspicion\nand confusion; …mistrust and apprehension.\u2019 These are considered dangerous to\nprogress and national development. Interestingly, the majority of the citizenry\nappears more circumspect, and seems not to subscribe to reform of any part of\nthe Constitution. In its consultative exercises, and weighing the \u2018pros and\ncons,\u2019 a National Coordinating Committee shall see this as an unavoidable\nfactor that may need much ventilation.<\/p>\n\n\n\n

SUPREME\nLAW<\/strong><\/p>\n\n\n\n

Even as the electorate would have\ngiven regional leaders a mandate to take positions or make decisions for, and\non behalf, and in the interest of the nation and people, entrenched\nconstitutional provisions in the respective Constitutions, limit the exercise\nof executive power. That which is recognized in the Organization of Eastern\nCaribbean States (OECS) speaks to the Constitution called the \u2018…Supreme Law.<\/strong>\u2019 It is the foundation\nfor the Rule of Law. The \u2018Supreme Law\u2019 is considered sacrosanct. For this\nreason, its framers set specific guidelines and stipulations for \u2018…reform or alteration\nto any part, as well as the Supreme Court Order\u2019 [CO: No. 1106: 1981: Section\n47]. It has been strengthened by and protected by the \u2018…Will of the People.\u2019 <\/p>\n\n\n\n

CONSTITUTIONAL\nREFERENDUM<\/strong><\/p>\n\n\n\n

To the extent that a law is\ninconsistent with the Constitution, its supremacy allows it to \u2018…prevail over\nany other law\u2019 [ANU: 1981: Section 2]. The framers of the Constitution\nanticipated that an administration might be driven to tinkering without\nconsideration to the expressed wishes and will of the people. In a \u2018…Constitutional Referendum,\u2019<\/strong> since\nvoters may freely exercise their franchise and conscientiously accept or reject\na proposal to make alterations, among the fundamentals that shall not be over\nlooked or ignored are, (i) \u2018…creating an environment conducive to commonality\nof understanding; (ii) …garnering popular support;… (iii) …a united\napproach, capable of obtaining national consensus.\u2019<\/p>\n\n\n\n

TAKING\nCUE<\/strong><\/p>\n\n\n\n

Constitutional reform or\nprovisional alterations are not only sensitive issues, but also often made\ncontentious and controversial. In a \u2018…National Referendum,\u2019 it is not about\nabortion or failure. It is about full voters\u2019 participation and success.\nHowever, some proposals, even when not seen as immoderate, there has always\nbeen the potential for strong opposition. Thus, in any attempt to alter the\nConstitution, there has often been suspicion and a period of uneasy calm. This\nmay also have been the experience Prime Minister Gaston Browne. Taking cue from\nthe Grenadian voters who rejected membership on the \u2018CCJ,\u2019 the abandoned\nattempt by may have been likened to \u2018…an illegal back room procedure\u2019 that\nhad resulted in hemorrhaging of an undeveloped fetus, and bizarrely ended in an\nabortion. <\/p>\n\n\n\n

PRIMARY\nOBJECTIVES<\/strong><\/p>\n\n\n\n

While intellectuals have been\nprompted to ask for reasons to sever appellate jurisdiction with the London\nPrivy Council, Prime Minister Gaston Browne may posit that the nation was only\nseeking to solidify its position within the regional groupings \u2013CARICOM\/OECS. \u2019\nThough it is not necessarily about derivative economic benefits, there has been\na charted course with two \u2018…Primary Objectives\u2019<\/strong>\n(A)…Formalizing its appellate\njurisdiction on the CCJ, that comprises four member States, (i) …Barbados:\n(ii) …Belize: (iii) …Guyana; and (iv) …the Commonwealth of Dominica; and\n(B). …To strengthen the regional integration process.\u2019 These members would\nhave encountered some challenges that which might reasonably be inferred are (i)\n\u2018…popular support and cooperation; and (ii) …commonality of understanding\nand approach.\u2019 These, therefore, may be considered in the order of business for\nthe \u2018…National Coordinating Committee (NCC).\u2019<\/p>\n\n\n\n

PROTECTIONISTS\nLEADERS<\/strong><\/p>\n\n\n\n

While some leaders speak to\nregionalism, the \u2018…Protectionist Leaders\u2019<\/strong>\nwere known to have been a threat to Caribbean unity. Most are concerned about\ntheir national interests, as opposed to the collective interests of the region.\nIn the case of \u2018…Antigua and Barbuda,\u2019 the issue at hand speaks to a proposal\nto obtain membership on the \u2018…Caribbean Court of Justice,\u2019 voters shall know\nthat it constitutes a policy-decision of grave national importance. There is no\ncandidature to support or oppose. For reasons of opposition to the initiative,\nthe \u2018NCC\u2019 shall guard against the tendency to polarize individuals for reasons\nof their political beliefs and\/or affiliation. Most of all, the Chairperson\nshall guard against politicization that may be counter-productive to the\nefforts of the \u2018NCC,\u2019 and the aims and objectives set by the policy-makers.<\/p>\n\n\n\n

ESSENTIALITY\nOF TIME<\/strong><\/p>\n\n\n\n

In the race against time to ensure\nsensitization of the nation, the consultation team may still be required to\nengage in the ritualistic exploits of the magicians in waving magic wand, while\nuttering the word \u2018…abracadabra.\u2019 Even so, it would be utter nonsense to\nbelieve that such may have a mesmerizing effect on the minds of critics and cynics\nand the unpredictable nature of humans.\u00a0\nLessons might be learned from those that Chair Boards or manage Banks.\nMost managers know the value of money and the \u2018…Essentiality of Time.\u2019 Those\nwho are reckless not to know that when the chips ran low, axes dangling high,\nmay have telling effect on those they fall. Not only Prime Minister Gaston\nBrowne could speak to his experience as a banker, but also Henderson Bass could\nspeak to his experience as a Board Chairman. <\/p>\n\n\n\n

LAMB\nSTEW<\/strong><\/p>\n\n\n\n

Not for a moment, practicing\nattorney and former Attorney General, Justin L. Simon QC had feigned deception\nin his public articulation for the Caribbean to accept the \u2018Caribbean Court of\nJustice (CCJ).\u2019 This may have been among the considerations that he was offered\na position to chair the National Coordinating Committee. Seemingly, for reasons\nbetter known to him, he reportedly declined the chairmanship offer. While some\npeople may have seen him as a \u2018…Ram to\nthe Rescue,\u2019<\/strong> he may have seen something totally different. For instance, if\nthe exercise ends in futility and failure, he may not only have tied on a tree\nhanging upside-down by rope around his feet, but likened to a ram sheep,\nskinned to make \u2018…Lamb Stew.\u2019 <\/strong><\/p>\n\n\n\n

IDLE\nPRESUMPTIONS<\/strong><\/p>\n\n\n\n

While his name was being bandied\nabout to replace National Coordinating Committee chair, Ambassador Dr. Clarence\nHenry, critics saw him as positioning himself in the zone of selection for\njudgeship either on the \u2018ECSC\u2019 or the CCJ.\u2019 This he dismissed as \u2018…an Idle Presumption.\u2019 <\/strong>As a person\napparently leading a moderately comfortable lifestyle, none may accuse him of\n\u2018…political prostitution.\u2019 He is a \u2018…patriot; …realist; …integrationist\nand pragmatist.\u2019 Rebuffing suggestions that he was lending support for reasons\nof ambition, he said, \u2018…I am a practicing attorney; …I have no ambitions in\nbecoming a Judge or Appellate Judge on the CCJ\u2019 [August 25, 2018]. Though he\nhad taken a reluctantly conscious decision in declining the top position, he\nreportedly expressed delight in being part of the team to sensitize and educate\nthe populace on the pros and cons of the \u2018CCJ.\u2019 <\/p>\n\n\n\n

FERVENCY\nOF HOPE<\/strong><\/p>\n\n\n\n

When Prime Minister Gaston Browne\ncalculatedly, yet prudently proposed the single constitutional change, he may\nhave weighed the pros and cons, as to position himself slightly away from the\ntotal rejection. Though a great deal rests in the persuasive exploits of \u2018NCC\u2019\nChairman Ambassador Dr. Clarence Henry and the former Attorney General Justin\nL. Simon QC, inadequacy of time could be a militating factor in the\nconsultative process. None shall believe that there will not be monumental\nchallenges and insurmountable hurdles and none may harbor illusions of the will\nof the people. Apart from the \u2018…Fervency\nof Hope,\u2019<\/strong> their stewardship will be greatly challenged. <\/p>\n\n\n\n

DISSENTING\nTANTRUM<\/strong><\/p>\n\n\n\n

Since the establishment of the\n\u2018CCJ\u2019 speaks to the regional leadership\u2019s desire to have one appellate Court,\nan attack on \u2018…First Instant Courts\u2019 in one jurisdiction, is an attack on\nevery judicial institution. In a scathing attack on the Justice Rosalyn E.\nWilkinson, Sir Gerald .A Watt KCN, QC appeared to have dis-gowned himself and\nwent into apparent \u2018…Dissenting Tantrum.\u2019<\/strong>\nEven so, eminent British jurists who would have seen countless cases of judicial\nperversion may have been totally appalled. Anticipating that there will be\npublic dissent, Lord James Richard Atkin set a standard that may have escaped\nthe attention of the eminent Queen\u2019s Council. He said, \u2018…Justice must be allowed\nto suffer, even though outspoken, the scrutiny and respectful comments of\nordinary men\u2019 [1962: 2QB: 637]. Attorneys, however, are not considered ordinary\npeople, particularly when conducting legal practice. <\/p>\n\n\n\n

RETAINED\nLEGAL INTEREST<\/strong><\/p>\n\n\n\n

Appearing in a matter that he\nreportedly has \u2018…Retained Legal\nInterest,\u2019 <\/strong>media reports revealed that\u00a0\nformer Attorney General, practicing attorney and Speaker of the House of\nRepresentatives, Sir Gerald A. Watt KCN, QC,\u00a0\ncontemptuously likened a judicial decision of High Court Judge, Madam\nJustice Rosalyn E. Wilkinson to \u2018…madness.\u2019 While he may lack adjudicating\nexperience on the Bench or at Bar Sir Gerald A. Watt KCN, QC, knows quite a lot\nabout adjudicating. Since he appeared to have shown scant regard to the\nJudiciary, he shall know that he runs the risk of inviting its wrath, when he\nlikened a judicial decision to \u2018…madness\u2019 [OMG: August 23, 2018]. Given his\neminence and status of Queen\u2019s Council, he may have induced a particular state\nof mind in every adjudicator of sound memory and discretion, including Chief\nJustice of the Eastern Caribbean Supreme Court (ECSC) and President of the Caribbean\nCourt of Justice (CCJ), Justice Adrian Saunders. <\/p>\n\n\n\n

GROSS\nINDICIPLINE<\/strong><\/p>\n\n\n\n

Though Presidents take no\nresponsibility for the early childhood development of their members, or lack\nthereof, Presidents would have abdicated their responsibilities, if they failed\nto address behavior seen as inconsistent with civility and ideals of the legal\nprofession.While an outraged\ncitizenry and members of the legal fraternity expected a strong reaction from\nthe Antigua and Barbuda Bar Association (ABBA), President Lenworth Johnson, he\nwas reportedly on the African Continent conducting research to ascertain from\nwhich tribe he and Sir Gerald had descended. Charged with the presidency of Bar\nAssociations, those that failed to activate the professional Code of Conduct\nwould have been considered guilty of condoning what has been deemed gross indiscipline.\n<\/p>\n\n\n\n

YES\nVOTES<\/strong><\/p>\n\n\n\n

Leading up to the Constitutional\nReferendum, while the discussions will be centered on membership on the\nCaribbean Court of Justice (CCJ), the flip side would be the severing of the\nnation\u2019s 37-year appellate jurisdiction with the Privy Council. Presumably,\nPrime Minister Gaston Browne may have considered the chances of success.\nLikened to his Grenadian counterpart Dr. Keith Mitchell, both administrations\nhave the only requisite majority of parliamentary votes for successful passage\nof related Bills. While that appears to be the easiest of hurdles, the most\ndifficult appears to be the constitutional requirement of a \u2018…two-thirds majority of Yes Votes\u2019 <\/strong>from\nthose voting in the Referendum.To\nthe extent that he calculatedly aborted the first attempt, lessons will have\nbeen learned from the experiences of his regional counterparts. He may now,\nhave been guided by the philosophical approach of his predecessor former Prime\nMinister Baldwin Spencer. Hence, he may have considered that the \u2018…right\npsychological moment\u2019 has come upon the nation.<\/p>\n\n\n\n

POLITICALLY\nANNIHILIATED <\/strong><\/p>\n\n\n\n

Dependent upon positions taken by\nsome leaders, the hearts of followers would have been so saturated with\nmisgivings, they have concluded that some institutions were to be avoided and\nsome people were to be feared. The institution that has been subjected to\nconstant political attack has been the \u2018CCJ.\u2019 As it relates to the Barbadian\nleadership, this may not necessarily have been the position of former Prime\nMinister Freundel Stewart. However, steering at an inescapable electoral\ndefeat, he may have found himself desperately grabbing at straw. Seeking to\ngarner electoral support, he assured the electorate that should the incumbent\ngovernment given another mandate, it would sever appellate jurisdiction with\nthe \u2018CCJ.\u2019 This appeared not to have resonated with the voters, and\naccordingly, he was electorally defeated and politically annihilated [May 5,\n2018]. <\/p>\n\n\n\n

POLITICAL\nCLIMATE<\/strong><\/p>\n\n\n\n

World renowned social commentator,\nSlinger Francisco, \u2018Mighty Sparrow\u2019 warns, \u2018…Don\u2019t be fooled by\nsentimentality.\u2019 In a Constitutional Referendum, it is never about\nsentimentality or offering a glimmer of hope. In the national exercise, it\nwould most certainly require more that the party leader\u2019s vote and a change of\norganizational mindset. Though no deception may have been intended by the\nformer Tourism\/Finance Minister\/Senator, taking no responsibility for the\nconscience of his organization\u2019s membership or mind of the nation, he took the\nindividual position by saying \u2018…I will\nnot vote against the CCJ\u2019 [OMG: August 21, 2018]. <\/strong>It shall be understood\nthat irrespective of the \u2018…Political\nClimate,\u2019<\/strong> and the course the discussions may take, not only shall there be\nthe spirit of cooperation and tolerability, but also respect for contending or\ncontrary views.\u00a0 <\/p>\n\n\n\n

SKILLFUL\nSTRATEGIC <\/strong><\/p>\n\n\n\n

While such statement may have been\ntaken as a possible \u2018Yes Vote,\u2019 <\/strong>it\nis still capable of being interpreted as a \u2018…Skillful\nStrategy.<\/strong>\u2019 In attempting to influence and make constitutional change to\nregional appellate Court systems, soliciting citizen\u2019s support may be a\ndifficult proposition for any regional leader. However, prepared an \u2018NCC Team,\u2019\ngreater difficulties may emerge in eliminating deeply embedded suspicions from\nthe mind of the nation. Consequently, this necessarily requires consultations,\ndesigned to attract full participation where matters of grave national\nimportance shall be fully ventilated. This is obtained in most constitutional\ndemocracies. Therefore, if national consensus is to be achieved, all\nstakeholders shall be encouraged to participate. What is of critical importance\nto the consultative process, are commonality of understanding of the issues,\nimplications and rationale, necessary to bring about national consensus. <\/p>\n\n\n\n

JUDICIAL\nFLAWS<\/strong><\/p>\n\n\n\n

In spite of what may have been seen\nas trending \u2018…Judicial Flaws,\u2019<\/strong> the\n\u2018ECSC\u2019 commendably took firm and decisive action against a decision, capable of\nbeing described as judicial terror. Seemingly incensed by a decision delivered\nby Justice Brian Cottle, the \u2018…Itinerant Appellate Court,\u2019 headed by Chief\nJustice Dame Janice Pereira, determined that it showed (i) \u2018…apparent bias;\n(ii) …set it aside; and (iii) …assigned another adjudicator to the\nreinstituted election petition proceedings [IWN: June 30, 2017]. Lack of\nconsistency often seemed to have affected public confidence. This was often\npassed on to the innocence of the \u2018…Caribbean Court of Justice.\u2019 Most\nembarrassing, however, was when Courts of First Instance and Appellate Court\nappeared unmindful of their duties as administrators of justice. These Courts\ninvariably appeared unmindful that their stewardship would have been subjected\nto the \u2018…hawk-eyed scrutiny; …vigilance and judicial wisdom of the \u2018JCPC.\u2019 <\/p>\n\n\n\n

HORROR\nON OPPONENTS<\/strong><\/p>\n\n\n\n

Even as the maxim implored that\n\u2018…Justice must not only be done, but must manifestly and undoubtedly seen to\nbe done\u2019 [1924: R v Sussex: 1KB: 256], judicial decisions have shown increased\nmanifestations of perverseness. Litigants with sufficient financial resource were\nforced to \u2018…test the adjudicating capacity; …integrity; …impartiality; …rationale;\n…sense of reasoning and judgment of adjudicators.\u2019 Bringing \u2018…Horror on Political Opponents,\u2019<\/strong> mere\ndays before national elections in St. Kitts\/Nevis, the London Privy Council\nhalted an apparent politically brazen attempt at gerrymandering [Guardian:\nFebruary 12, 2015]. The adjudicators may have been reckless not to have seen\napparent glaring manipulations of the Constituency Boundaries Commission. If\nthese were void of reasonably suspected environmental influences, then\nreasonable inferences may have been drawn that the oversight may have been the\nresult of adjudicating deficiencies. If not, then what?<\/p>\n\n\n\n

CONCLUSION<\/strong><\/p>\n\n\n\n

After thirteen years of judicial\nservice to the region, the \u2018…Caribbean Court of Justice (CCJ), is yet to be\nbeen given full \u2018…CARICOM\/OECS\u2019 recognition and\/or acceptance as an\ninstitution of objectivity, fairness and trust. Certain members of the\npolitical directorate were known to have painted a dreary picture that appeared\nto have resulted in \u2018…Engraved Fear\u2019<\/strong>\nin the hearts of litigants, and by extension, regional peoples. This may have\nreflected its negligible membership, the currency of which is four. Though most\nregional Courts are not yet subject to its appellate jurisdiction, for reasons\nof \u2018…Ignorance and Misinformation\u2019 <\/strong>people\nappeared to have been led to reject it, not for its role in the administration\nand dispensation of justice, but as a temple where judicial evil is constantly\npracticed and spelled upon the innocent litigants. Though these may be seen as\nimpediments, nothing beats a trial but failure. The task for the National\nCoordinating Committee (NCC) has just begun. Its role, clearly defined, has\nthree fundamental objectives, (i) …Soliciting\npublic support; (ii) …Obtaining national consensus; and (iii) …Amassing the\nrequisite 2\/3 majority of \u2018Yes Votes.\u2019<\/strong> These are pre-requisites necessary to\naffect the proposed \u2018…Constitution and Supreme Court Order alterations.\u2019 If\nchallenges are to be overcome, as well as adapting to new circumstances that\nmay arise, with potential to militate against the consultative process, the\ntimeline given may beg for elasticity. Consequently, the \u2018NCC\u2019 may wish to\nfocus its attention on seeking to eliminate festered distrust, thus, utilizing\navailable resources during the education and sensitization process. ***<\/p>\n

\"\"<\/a><\/div>","protected":false},"excerpt":{"rendered":"

\u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0BY RAWLSTON POMPEY Leaders displaying a sense of pragmatism know that in order to achieve set goals and objectives, when the going gets tough, the tough leader shall get going. […]<\/p>\n","protected":false},"author":3,"featured_media":16981,"comment_status":"open","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[55],"tags":[],"class_list":["post-19621","post","type-post","status-publish","format-standard","has-post-thumbnail","hentry","category-letters-to-the-editor"],"yoast_head":"\nCOMMENTARY-CCJ-Success Hurdles Futility and Failure - Antigua News Room<\/title>\n<meta name=\"robots\" content=\"index, follow, max-snippet:-1, max-image-preview:large, max-video-preview:-1\" \/>\n<link rel=\"canonical\" href=\"https:\/\/antiguanewsroom.com\/commentary-ccj-success-hurdles-futility-and-failure\/\" \/>\n<meta property=\"og:locale\" content=\"en_US\" \/>\n<meta property=\"og:type\" content=\"article\" \/>\n<meta property=\"og:title\" content=\"COMMENTARY-CCJ-Success Hurdles Futility and Failure\" \/>\n<meta property=\"og:description\" content=\"\u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0BY RAWLSTON POMPEY Leaders displaying a sense of pragmatism know that in order to achieve set goals and objectives, when the going gets tough, the tough leader shall get going. 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