The Tribune

A former Bahamas Bar Association president has urged this nation to switch to the Caribbean Court of Justice (CCJ) as this nation’s final judicial forum of appeal.

Dr Peter Maynard, head of the University of the Bahamas LLB department, argued it was a “myth” that investors will only come to The Bahamas if they have the reassurance that the UK-based Privy Council is the final court of appeal in this nations’ legal system.

“If access to justice is your primary concern – and it ought to be - then the case for joining the CCJ is extremely compelling,” Dr Maynard said.

“Furthermore, in 40 years of practice, I have not yet met the mythical investor who needs the Privy Council before he invests in The Bahamas. That is a fanciful idea that had driven successive governments away from the more important interest of access to justice for our people. Interest on investment and access to justice should drive them in the opposite direction - towards the CCJ.”

Dr Maynard’s comments came after he was last week elected deputy chair of the Regional Judicial and Legal Service Commission (RJLSC), the body responsible for selecting judges to the Caribbean Court of Justice (CCJ) and ensuring its independence and smooth functioning.

Dr Maynard was nominated for the post by the Organisation of the Commonwealth Caribbean Bar Associations (OCCBA) and the Organisation of Eastern Caribbean States (OECS) Bar Association, which represent lawyers throughout the region. He has served on the RJLSC for about six years.

Barbados, Belize, Dominica and Guyana have accepted the CCJ as their final court of appeal. Most Caribbean countries also accept CCJ jurisdiction regarding regional trade.

The RJLSC was established under Article 5 of the agreement establishing the CCJ. The commission consists of the CCJ president, who is the chairman; two persons nominated jointly by the OCCBA and the OECS Bar Association; the chairman of a Judicial Services Commission, the chairman of a Public Service Commission; and two persons from civil society nominated jointly by the CARICOM secretary-general and OECS director-general of the OECS.

Also included are two jurists and two persons nominated jointly by the bar or law associations of states that use the CCJ.