The Assembly of Southern Lawyers president Saira Lakhan believes the issue of replacing the Privy Council (PC) with the Caribbean Court of Justice (CCJ) as this country’s highest appellate court should be put to a referendum.
Discussions on this issue resurfaced following the death of former chief justice and the first president appointed to the Caribbean Court of Justice (CCJ) Justice Michael de la Bastide.
In paying glowing tribute to de la Bastide, Attorney General Reginald Armour, SC, said the country should honour him by replacing the Privy Council with the CCJ.
“In acknowledging his indelible contribution to the quality of this Republic’s proud development since its independence, the people of Trinidad and Tobago can now contribute to completing his dream of replacing the Judicial Committee of the Privy Council with the Caribbean Court of Justice,” Armour stated.
Paying tribute to de la Bastide, Lakhan said he was a towering, colossal and authoritative figure and a legal titan who made an indelible contribution as a jurist. However, she said he understood the overriding principle that true power comes from the people, and they must have the final say.
“We should not rush to abolish the Privy Council in favour of the CCJ lest we throw out the baby with the bath water. The PC has served us well for the past sixty (60) years. It is free from political influence and its judgments are respected and accepted by the people. This is a fundamental change, and it is best that the constitution be amended to provide for a referendum and let the voice of the people be heard on their choice of the final appellate court,” said Lakhan.
She added the focus should be on fixing the local courts which she described as the poor man’s court.
Noting that very few cases reach the Privy Council, she said the vast majority of cases clogging up the system are before the Magistrate’s Court, High Court and Court of Appeal.
“Our concern and priority is therefore about these issues that affect the ordinary man who cannot get justice,” she said.
Lakhan also pointed out that the San Fernando Magistrates’ Court was closed with the promise of a new court, but construction has stopped. She said the steel is exposed and rusting with no sign of activity and no word as to whether and when the project will resume. The old magistrates court building has since been demolished.
Lakhan added that the San Fernando High Court had an asbestos problem and remains closed.
“Thankfully, virtual court has been the saving grace but that building (like the new court in the waterfront) is largely empty and underutilised. It should be repurposed and used for some other activity as the virtual court system is working quite well,” she said.
Law Association president Lynette Seebaran-Suite was unavailable for comment.