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Letter: Impartiality of the Caribbean Court of Justice

Published on Saturday, November 28, 2009 Email To Friend    Print Version

Dear Sir:

I read an article in the Caribbean Net News written by Oscar Ramjeet who has been following the operations of the Caribbean Court of Justice, that a few more countries including Belize, Jamaica, Grenada, and St. Lucia are contemplating joining the Caribbean Court of Justice.

A move for St Vincent and the Grenadines to join was shot down when Ralph Gonsalves moved to amend the constitution failed.

And according to reports the lone Vincentian and OECS national in the CCJ, Adrian Saunders is reported to have been involved in the referendum campaign in St Vincent. This shows that the CCJ is not impartial.

But CCJ Protocol Officer, Michael Lila, in his defence of Saunders in a letter to Caribbean Net News said that, as a Vincentian, Justice Saunders was entitled to comment on matters affecting Saint Vincent and the Grenadines. Mr Lila did not appear to appreciate that Justice Saunders is first and foremost a judge of the CCJ and as such must be seen to be totally impartial and above local policies.

When he became a Judge of the Caribbean Court of Justice and took his oath of office, Justice Saunders gave up any entitlement he may have had as a Vincentian to comment on and involve himself in local affairs.

Mr Lila, in his letter, rejected the idea that the integrity or impartiality of either the Judge or the Court has been compromised by the actions of Justice Saunders. But how impartial is Justice Saunders of the CCJ?

It is understood that he assisted the Attorney General of St Vincent and the Grenadines in drafting affidavits in connection with court proceedings brought by a Crown Counsel against the Government challenging a move by the Trinidadian born Attorney General to transfer her.

How can the CCJ claim to be impartial and independent when it is rumoured that an Attorney General in St Vincent can pick up the telephone, place a call to Port of Spain and receive assistance from a Judge of the CCJ in defending a legal action brought against the Government?

It seems then that Saunders would be biased in any proceedings against the government of St Vincent.

Linda McDowald
Brooklyn, NY
 
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