Jamaica Observer Editorial:

Quite understandably, the idea floated by Prime Minister Bruce Golding this week of Jamaica establishing its own final Appeal Court has triggered
lively debate.

The suggestion, as we understand it, came out of discussions within the ruling Jamaica Labour Party (JLP) on whether Jamaica should continue
with the United Kingdom-based Privy Council as our final court of appeal
or start utilising the Caribbean Court of Justice (CCJ) for criminal
matters.

As we had pointed out in this space two weeks ago, part of the problem facing the JLP Government is that while it was in Opposition it took
such a strong stance against the CCJ replacing the Privy Council that
the Government would lose face were it to backtrack now.

In fact, the JLP's dilemma has been made more difficult by what appears to be a commendable performance so far by the CCJ.

According to Prime Minister Golding, we have the judicial experience and the maturity to establish our own final Appeal Court.

While we don't doubt the quality of the jurisprudence here in Jamaica, we cannot support the prime minister's suggestion.

First, we have no reason so far to question the performance of the CCJ which, according to Justice Patrick Robinson — a Jamaican who serves as
president of the International Criminal Tribunal for the former
Yugoslavia -- has been "performing at the highest international
standard".

Second — and this is another point we raised two weeks ago — regardless of how valid opposition to the CCJ may have seemed when it was proposed
over five years ago, those reasons are now close to being irrelevant
since the British authorities have made it very clear that cases from
the Caribbean are an unwelcome burden.

Third, Jamaica plays a very important role in the Caribbean Community (Caricom) and as such needs to embrace the institutions established by
this regional movement if we expect it to thrive and thereby benefit the
Caribbean people.

Of course, there is also the issue of Jamaica, after 48 years of Independence, still being subject to the British Monarchy, which rubs
many of us the wrong way and is really a question mark on our total
sovereignty.

Just as important, though, is the fact that Jamaica contributes up to 23 per cent of the cost of the CCJ. With that kind of spend, particularly
from a treasury that has difficulty meeting vital domestic expenses, we
would expect that the Government would be more than willing to accept
the Court in its totality.

Our concern with the renewed debate on this issue is that if we are not careful we will allow the discussion to be clouded by domestic partisan
politics. In fact, we are seeing some of that already.

However, we suggest that if the Government feels really strongly about establishing a local final Appeal Court, it should look at that as a
long-term goal which, we agree, should be decided in a plebiscite.

However, the immediate need is for the country to say good-bye to the Privy Council as our highest court, save us the embarrassment of being
unwelcomed guests in London, and demonstrate our confidence in that
judicial experience and maturity of which Prime Minister Golding spoke
on Tuesday in the Parliament.