The Caribbean Court of Justice (CCJ) has reserved its judgment in the case of a 25-year-old Jamaican woman who claims she was discriminated against and mistreated by Barbados immigration officials.The seven judges sitting on the CCJ panel decided late yesterday afternoon to reserve their decision in order to consider the submissions made by attorneys representing Shanique Myrie, Barbados, Caricom and Jamaica, which has been listed as an interested party in the case.
The panel consisted of CCJ president Sir Dennis Byron and judges Rolston Nelson, Adrian Saunders, D�sir�e Bernard, Jacob Wit, David Hayton and Winston Anderson.During yesterday's hearing at the CCJ's Henry Street, Port-of-Spain, headquarters, Queen's Counsel Roger Forde, presented submissions on behalf of his native, Barbados.
In defence of the claim brought by Myrie, Forde submitted that the CCJ should not consider the human rights issues raised in her lawsuit, as such provisions were not part of the Revised Treaty of Chaguaramas, which the regional court is mandated to interpret.He suggested that the a lawsuit in the Barbados High Court would have been more appropriate than Myrie's current litigation. Forde also appealed to the court to consider the inconsistencies in her testimony when it was making findings of facts in the case.
In her lawsuit, Myrie is alleging when she travelled to Barbados on March 14, 2011, she was subjected to a body-cavity search by Barbados immigration officials, detained overnight in a cell and deported to Jamaica the following day.She claims she was subjected to discriminatory, cruel, inhumane, insulting, or demeaning treatment during her overnight detention.
The Barbados Government had denied the allegations.She alleged that treatment was contrary to the United Nations Universal Declaration of Human Rights, the Charter of Civil Society, and other international accords and agreements. Myrie is seeking US$500,000 in damages from her lawsuit.During her submissions on Monday, Myrie's attorney, Michelle Brown, contended her client was subject to cruel and inhumane treatment to the level of torture.
She compared the cavity search which was allegedly performed on Myrie to sexual assault at the hands of a Government official.Barbados was also represented by Patterson Cheltenham QC, Dr David Berry, Donna Brathwaite while Dr Kathy-Ann Brown and Lisa White represented Jamaica.