Jamaica should embrace the CCJ 

THE EDITOR, Madam:

Clayton Morgan’s letter in The Gleaner raises concerns that deserve the fullest public attention. The present state of Jamaica’s court infrastructure exposes a troubling contradiction in the Government’s posture on justice reform. 

On the one hand, senior judicial officers continue to warn about deteriorating courthouse conditions, and the strain these deficiencies have on the administration of justice. On the other hand, there is renewed discussion surrounding the establishment of a local final appellate court, an undertaking that would require immense resources. The practical realities simply cannot be ignored. 

People who enter many of these facilities are often met with overcrowding, outdated systems, delays, and environments inconsistent with the dignity expected of a modern justice system. If the State has struggled for years to maintain and modernise existing courts, reasonable Jamaicans are entitled to ask how an entirely new apex court could realistically be financed and maintained at the highest international standards. 

The CCJ already exists, was established with regional legitimacy, and was financially structured through a trust fund designed to protect its independence from political interference. Jamaican taxpayers have contributed to that institution for decades, yet citizens remain deprived of its full use. It is difficult to justify continuing appeals to the Privy Council in London while simultaneously resisting the regional court specifically created to serve Caribbean nations in a more accessible and culturally relevant manner. 

Supporters of a local final appellate court must therefore answer several fundamental questions. How much would the establishment of such a court cost? What constitutional safeguards would guarantee its independence from political pressure? How would staffing, pensions, technology, and security be financed during periods of economic hardship? Most importantly, why should Jamaica embark on creating another expensive institution when a properly functioning and internationally respected alternative already exists in the CCJ? 

The wider issue at stake is access to justice. Wealthier litigants may still find ways to pursue appeals abroad, but the ordinary Jamaican remains disadvantaged by distance, expense, and procedural barriers. The germane question here is, why is the Government refusing to have Jamaica officially and constitutionally join the Caribbean Court of Justice? 

ROBERT DALLEY  

robertdalleyr@proton.me