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So now the latest fuss is about the Chief Justice

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  • So now the latest fuss is about the Chief Justice

    being appointed as an Acting Chief Justice? There is claim of constitutional crisis etc ...etc ....well I'm no lawyer. Whey di legal minds deh?
    "Jamaica's future reflects its past, having attained only one per cent annual growth over 30 years whilst neighbours have grown at five per cent." (Article)

  • #2
    Holness was out of order and yes it is significant and could cause a crisis.

    1. It sounds like ‘do what I want or else’

    2. Affects the appearance of an impartial judiciary

    3. Leaves the public to think or further pms to believe that this is the norm

    Infidelity does not consist in believing, or in disbelieving; it consists in professing to believe what he does not believe. Thomas Paine

    Comment


    • #3
      This is where we are....lol
      THERE IS ONLY ONE ONANDI LOWE!

      "Good things come out of the garrisons" after his daughter won the 100m Gold For Jamaica.


      "It therefore is useless and pointless, unless it is for share malice and victimisation to arrest and charge a 92-year-old man for such a simple offence. There is nothing morally wrong with this man smoking a spliff; the only thing wrong is that it is still on the law books," said Chevannes.

      Comment


      • #4
        Originally posted by Gamma View Post
        Holness was out of order and yes it is significant and could cause a crisis.

        1. It sounds like ‘do what I want or else’

        2. Affects the appearance of an impartial judiciary

        3. Leaves the public to think or further pms to believe that this is the norm
        After making the initial post and realizing that there may not be a response, I went to a friend called Google. You know what he made me aware of .... Bahamas has an Acting Chief Justice and my fingers fell off the keyboard. Also found out that other countries have used Acting CJs before and there was no constitutional crisis.

        "It sounds like", "affects the appearance of", "leaves the public to think.." Is this where an attorney would jump out of his/her seat shouting "Objection Mi Honour .. calls for spectulation!"

        If that's the case why didn't Justice Sykes reject the position? Anyways ... since I don't have a legal mind ... some would say I don't have a mind ...I will just continue to observe.

        Appreciate the response.
        "Jamaica's future reflects its past, having attained only one per cent annual growth over 30 years whilst neighbours have grown at five per cent." (Article)

        Comment


        • #5
          Perception is everything: Trinity, in Jamaica to me its everything.
          THERE IS ONLY ONE ONANDI LOWE!

          "Good things come out of the garrisons" after his daughter won the 100m Gold For Jamaica.


          "It therefore is useless and pointless, unless it is for share malice and victimisation to arrest and charge a 92-year-old man for such a simple offence. There is nothing morally wrong with this man smoking a spliff; the only thing wrong is that it is still on the law books," said Chevannes.

          Comment


          • #6
            Originally posted by Sir X View Post
            Perception is everything: Trinity, in Jamaica to me its everything.
            Perception. Depending on one's motive any action could be perceived one way or the other.
            "Jamaica's future reflects its past, having attained only one per cent annual growth over 30 years whilst neighbours have grown at five per cent." (Article)

            Comment


            • #7
              Wrong ,motive is irrelevant,right any action could be percieved one way or the other!

              Listen to Trinity interview with Muta and what he learnt about political association.i.e being Seaga's bodygaurd.
              THERE IS ONLY ONE ONANDI LOWE!

              "Good things come out of the garrisons" after his daughter won the 100m Gold For Jamaica.


              "It therefore is useless and pointless, unless it is for share malice and victimisation to arrest and charge a 92-year-old man for such a simple offence. There is nothing morally wrong with this man smoking a spliff; the only thing wrong is that it is still on the law books," said Chevannes.

              Comment


              • #8
                Jamaica wasn't the only country refusing to take a vote on the proposed Embassy move.., yet that non action was not the norm.

                It is all speculative, in any event, it is a discussion AND decision for legal minds.

                Comment


                • #9
                  Andrew got this wrong.. The reason for doing might be justified but the chief justice does not report to him. I believe he/she is equal per constitution.

                  Comment


                  • #10
                    Originally posted by OJ View Post
                    Andrew got this wrong.. The reason for doing might be justified but the chief justice does not report to him. I believe he/she is equal per constitution.
                    Agreed the CJ is on equal footing as he is. I would like to hear the criteria for Justice Sykes proving himself. However, those who insist this is not the norm and that this is leading to a constitutional crisis need to do some research.
                    "Jamaica's future reflects its past, having attained only one per cent annual growth over 30 years whilst neighbours have grown at five per cent." (Article)

                    Comment


                    • #11
                      Perception is everything,or a hell of a thing !

                      In Jamaica, we have not found a wholly satisfactory way for the government to appoint members of the judiciary, especially the chief justice. What we have done for judges is to ask the governor general - himself appointed by the prime minister) to appoint a Judicial Services Commission (on the advice of the prime minister), which then sources and selects the judiciary. This arm's-length arrangement creates the appearance that judges are not appointed by the executive.

                      In the case of the chief justice, it is the Prime Minister directly who makes the recommendation to the GG. Surely this arrangement, which is in our Constitution, violates the principle of the separation of powers.

                      http://jamaica-gleaner.com/article/c...appear-be-done


                      Who caaan hear aguh feel,tell di Man Dem long time JA has a constitutional problem,in fact it is the problem!We need to go through it word by word,sentence by sentence and separate those laws that can be corrupted.
                      THERE IS ONLY ONE ONANDI LOWE!

                      "Good things come out of the garrisons" after his daughter won the 100m Gold For Jamaica.


                      "It therefore is useless and pointless, unless it is for share malice and victimisation to arrest and charge a 92-year-old man for such a simple offence. There is nothing morally wrong with this man smoking a spliff; the only thing wrong is that it is still on the law books," said Chevannes.

                      Comment


                      • #12
                        Originally posted by Lazie View Post
                        Agreed the CJ is on equal footing as he is. I would like to hear the criteria for Justice Sykes proving himself. However, those who insist this is not the norm and that this is leading to a constitutional crisis need to do some research.
                        Yep. Proving himself to whom?.
                        Sounds like this PM position is above his pay grade.

                        Comment


                        • #13
                          i think it is commendable for trying to have some performance in this sector and moving cases through but as I understand it the Chief Justice is not in charge of the schedule and would not really influence the bottlenect. The PM mean well but he has to let this one go. Have the Mr. of justice push reforms from a different angle.

                          Comment


                          • #14
                            I think he thinks the justice system move to slow and some of the judges are not accountable. However we have to be careful political interference in the system. Big up to the Portland man, hope he can make a difference as chief justice.
                            • Don't let negative things break you, instead let it be your strength, your reason for growth. Life is for living and I won't spend my life feeling cheated and downtrodden.

                            Comment


                            • #15
                              Unconstitutional? Unprecedented? Or just unconventional?

                              http://www.jamaicaobserver.com/the-a...1?profile=1096
                              THERE IS ONLY ONE ONANDI LOWE!

                              "Good things come out of the garrisons" after his daughter won the 100m Gold For Jamaica.


                              "It therefore is useless and pointless, unless it is for share malice and victimisation to arrest and charge a 92-year-old man for such a simple offence. There is nothing morally wrong with this man smoking a spliff; the only thing wrong is that it is still on the law books," said Chevannes.

                              Comment

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