CATEGORY:COMMENTARY --------------------------- By Lloyd Noel (Attorney-at-law) "Of very real concern must be the economic strangulation nearly all the Cricket match Venues are undergoing - in their preparations to be CWC ready for Match/April, next year..." The chaos and confusion that is taking place in T&T in these times is very interesting, and at the same time, posing as or promoting a serious political tight rope in the region. And by these times I am referring to the major drive, and tremendous efforts being put into the regional movement - to bring about the CSME and the CCJ for the CARICOM region as a whole, with the final Appellate Jurisdiction to replace the Privy Council. It is forty-Four years this year, since the first Unity and Integration movement, among our then Colonial siblings, crashed or was aborted just Four years after its birth or creation. And since that time, nearly all the Colonies, then in existence, have taken wings and flown away from the Colonial masters on Political (bandwagons) small crafts across the region, as so-called Independent States exercising sovereign authority. The one thing they all retained in London was the Legal Appellate jurisdiction for all Criminal and Civil matters - with very few exceptions. One very significant civil matter, in the O.E.C.S for example, that does not go to the Privy Council for final decision - is the Case dealing with matters for members of Parliament, whether Elected M.Ps or appointed Senators. Once our Appeal court gives a decision in any such matter, that decision is final; and I believe that position applies throughout CARICOM. Guyana, when it became a Republic, was the first and only West Indian State to abolish Appeals to England. That was until Barbados joined it, following the coming in force of the CSM (E), and the CCJ for both its original and Appellate Jurisdiction. And it is now legal history, that when Jamaica passed two or three pieces of Legislation through Parliament, with the intention of Abolishing Appeals in both Criminal and Civil matters to England in 2005 - the Privy council upheld an Appeal from the Opposition in Jamaica, and over-ruled the Jamaica Appeal court, When it decided that the pieces of Legislation were un-constitutional and thus were not enough to achieve the intended objective. What is of the greatest importance in all this - is that in the middle of all those efforts, and public relation exercises to get the CCJ fully up and running, as the Final Appellate Court for the Region to replace the privy Council in London - that is the same time such dis-quieting and confidence - sapping news should be coming out of T&T, where the actual Headquarters of the CCJ is located. Among everything else, it makes one wonder what would have been taking place, had the CCJ been in full operation and there was no Privy Council to fall back upon for relief by C.J. SHARMA. With the A.G. Jeremie making his shocking and distasteful statement, that the order by Justice Judith Jones to restrain the Police and D.P.P. from arresting or bringing any charge against the C.J. - was in effect prejudicial in the C.J.’s interest, because he was her boss; and the President making the just as damaging statement he made about the impasse, and the action he in fact took to suspend the C.J. and appoint an acting C.J. It leaves one to seriously speculate as to how a localized CCJ, based in Port-of-Spain, and the Judges residing in T&T - could have decided any differently from the way the Court of Appeal did, in over-ruling the Judge at first-instance. While it is accepted, that social and economic conditions as well as changing patterns of behavior in a developing society- can and will have varying levels of impact on the administration of Justice and the Rule of law, it must also be accepted, that rules or safeguards laid down over an extended period of time, to protect the rights and freedoms of the people in a free society - these must not be tampered with at the whims and fancies of those holding the reins of power in any society, simply because of Political or class differences, or to get even with those who disagreed with the powers-that-be on national issues. Whether we like it or not, and whether those whom the caps fit would be prepared to put them on - as an admission of the reality of what obtains, is neither here nor there. Because it is very common practice and widespread public knowledge, that Governments in our region promote or appoint individuals to high offices, solely because they are close to, or were active members of the party. The fact that some of the appointees are, or maybe, qualified to hold the positions, is usually a very fortunate excuse for the appointment. The key and major objective by those in authority, is the ready access and expected positive response, whenever the chips are down. And sadly for the development of our people and region, whenever the one or two, or very few, of such convenient appointees, refuse to co-operate and take the dignified stand that the office demands of them - we end up with the chaos, and confusion, and disgraceful performances we have been witnessing in T&T. But it is not only T&T - it is a regional endemic disease. In our own front and back yards in Grenada, it has been almost the norm over the years since our forced-ripe Independence. And in our OECS Supreme Court System, it is a source of grave embarrassment; to name a few cases as reference, Justice Joseph, Alleyne and Redhead stand out as good or bad examples. So it is against that kind of standard or background behavior, that we should be looking very carefully at the hasty decision to abandon London (the Privy Council), and opt for Port-of-Spain (the CCJ) - in these uncertain times. And maybe it is sheer fate that has brought the T&T fiasco to the forefront, at this particular point in the build up to implementing the full mandate of the CCJ. But whatever it is in the given circumstances, it must give the promoters some serious food for thought, if they are truly concerned about Justice and peace in the Caribbean region - to satisfy our people’s trust and confidence in whichever system is in place. With the usual Vacations in the courts at this time, but more so the anxiety about CWC2007 - as the months slip away and the actual games time draw closer - I expect we would be hearing less and less about everything else, including the CSME and the CCJ, but more and much more about security in the region for the said games as well as meeting deadlines. The un-expected flare up of Terrorist plots in England, to blow up Trans Atlantic flights to the U.S.A., seems to have come up at a crucial point in the continued massacre in Lebanon. And while it is purely co-incidentals - in the context of reprisals for what is being perpetrated by Israel, with the conscious backing and support of the U.S.A. and the U.K. - it is most definitely a telling reminder of what is to be expected in our daily lives, wherever we live and work, because of the atrocities by the powerful against the weak and dis-advantaged people in the Middle East. And naturally, by very logical extensions for us in the Caribbean, the biggest show our Mini-States have ever been called upon to host as one united group - in the only discipline we have ever agreed upon and United about in our beloved Cricket - could suffer badly as a result.Our carefree Caribbean style of Cricket, both on and off the field - and many would say mostly off in the old days, but now mainly on the field -would clearly be cramped by all the many restrictions that would be put in operation. Yet in these trying times we would have to put up with them in the name of safety first and freedom later on. It is hoped, however, that reason and charity would prevail sooner rather than later - and before too long, some form of normalcy would return to that troubled region in the East. In the meantime, we just have to put our trust in the Almighty - to reduce the tension out there and thereby ease the burdens out here. Of very real concern must be, the economic strangulation nearly all the Cricket match Venues are undergoing - in their preparations to be CWC ready for Match/April, next year. To be making that level of Sacrifice, to put on a good show and live up to the boasts that many Politicians, as well as the W.I.C.B Executives are making - that ours will be the best World Cup ever - and then to have it reduced to a half hearted and hardly attended occasion, would be a disaster worse than Ivan or Emily. But that is the kind of consequential results, the Bombings and Killings in Lebanon and Israel can bring about. Politics and Politicians gone Mad