SEVERAL legal officials saluting the life of former chief justice the late Michael de la Bastide said at a function on April 12 that the best tribute to him would be for Trinidad and Tobago to adopt the Caribbean Court of Justice (CCJ) as Trinidad and Tobago's highest court of appeal, to replace the UK-based Privy Council.
De la Bastide was the inaugural president of the CCJ.
They spoke at a joint special sitting of the TT Appeal Court and the CCJ at the Hall of Justice, Port of Spain, attended by President Christine Kangaloo.
The CCJ was set up in 2005 and is based in Port of Spain.
At present, 12 contracting countries have agreed that the CCJ has an original jurisdiction to rule on disputes involving the Caribbean Single Market and Economy (CSME) and the Revised Treaty of Chaguaramas.
It is the highest appellate court in civil and criminal cases only in Barbados, Belize, Dominica, Guyana and St Lucia.
CCJ President Adrian Saunders said while all other courts across the countries of the region were recognised, the CCJ has had to fight for its recognition. It was a struggle still being waged, he said, amidst some progress to win hearts and minds.
Attorney General Reginald Armour said, "We can contribute to completing his dream by replacing the Privy Council with the CCJ."
He hoped the conversation on the CCJ would be "fair and informed."
[caption id="attachment_1076735" align="alignnone" width="1024"] Israel Khan, SC, right, and former attorney general John Jeremie, at the joint appeal court and CCJ sitting to honour former chief justice the late Michael de la Bastide, at the Hall of Justice, Port of Spain on April 12. - Photo by Angelo Marcelle[/caption]
Director of Public Prosecutions (DPP) Roger Gaspard said de la Bastide would have been keen to make the CCJ TT's highest court in all matters.
He said that previously as a university student he had believed TT was not ready for the CCJ, wondering if judges could be insulated from governments. However, he said since then he has become "more and more convinced" that TT's adoption of the CCJ might be necessary to complete what had happened in TT in 1962, in apparent reference to its becoming an independent nation.
Law Association president Lynette Seebaran-Suite agreed the best way to honour de la Bastide would be for TT to accept the CCJ.
Donovan Walker, head of the Organisation of Commonwealth Caribbean Bar Associations, also said the best tribute would be to ensure the CCJ becomes the final appellate court for all regional jurisdictions including TT and Jamaica.
Otherwise, the speakers, including Chief Justice Ivor Archie, fondly recalled their professional interactions with de la Bastide – who mentored many attorneys – and shared their anecdotal insights into his witty personality.
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