'Proposed merits appeal rule a sign Jamaica should leave UK-based Privy Council'

 

Attorney Peter Champagnie, KC, says the proposed change to the merits appeal rule by the Judicial Committee of the Privy Council is the clearest indication for Jamaica to transition from the court.

 

The proposal is for a single judge to review an appeal from an appellant where permission has been granted by the court below or where the appellant has a right of appeal under the Constitution of the jurisdiction from where the appeal comes.

 

Mr. Champagnie says the proposal, if accepted, would be a violation of the Jamaican Constitution.

 

In a letter dated May 17, the Privy Council's King's Counsel Group, chaired by Michael Hylton, wrote to the Registrar of the Judicial Committee of the Privy Council (JCPC), outlining its objections.

 

Speaking Wednesday on TVJ's Smile Jamaica, Mr. Champagnie said recent utterances of the president of the Judicial Committee of the Privy Council, Lord Reed, encouraging Jamaica to remain with the court and the review of merits appeal rule, do not align, leaving Jamaica in an "ambivalent situation where you really don't know whether you're going or coming". This, he said, is untenable for Jamaica's justice system. 

 

Justice Minister Delroy Chuck has come out in support of the change to the merits appeal rule, saying it is to ensure that only cases that have merit are adjudicated.

 

May 17 was the final day of consultation on a number of proposed new rules on how the apex court will operate.

 

The rules are scheduled to take effect in October.