Senate President Tavares-Finson raises concerns over allegations of CCJ panel manipulation

Senate President Tom Tavares-Finson is expressing concern over allegations surrounding the operations of the Caribbean Court of Justice (CCJ), warning that the claims could have serious implications for Jamaica’s consideration of the court as its final appellate jurisdiction.

Tavares-Finson was responding to recent reports out of Trinidad via media outlet Trinidad Express, concerning alleged leaked emails that purported internal conflicts among CCJ judges and more seriously, an allegation that judicial panels were being manipulated to influence the outcome of cases.

The Gleaner has not seen the alleged emails.

While acknowledging that interpersonal and professional disagreements are not unusual within courts, Tavares-Finson said the manner in which such conflicts are handled is critical to maintaining public confidence.

“The issue concerns an allegation that panels have been struck with a view to determining the output of cases. And that, to me, is a very dangerous development if it is true,” he said.

According to Tavares-Finson, in the leaked documents, one judge allegedly claimed that he was removed from a panel hearing a case of particular relevance to Jamaica because of his legal opinion on the matter.

The Senate president said, based on what was revealed, the judge was allegedly replaced by the president of the court.

“That is an extremely worrying issue. That is an issue that has to be dealt with publicly and in such a manner that the confidence of the people of the court can be restored,” Tavares-Finson said.

He said the allegation, if substantiated, would mean that panels of judges were being manipulated to arrive at predetermined decisions.

“And that is a very dangerous thing. And that is exactly what people in the Caribbean have been saying when they voice skepticism about the Caribbean Court of Justice,” he said.

Tavares-Finson said the matter could not be resolved without a public hearing, given that the allegations involve one judge making a claim against the president of the court.

He also questioned whether the Opposition People’s National Party (PNP) still intends to make Jamaica’s accession to the CCJ’s appellate jurisdiction a condition for supporting the country’s transition to a republic.

Tavares-Finson said, in light of the allegations, the PNP should clarify whether it still holds that position.

He argued that it would be “extremely reckless” for Jamaica to consider joining the CCJ while the allegations remain unresolved.

The CCJ, based in Port of Spain, Trinidad and Tobago, serves as the final court of appeal for several Caribbean countries, while also exercising original jurisdiction under the Revised Treaty of Chaguaramas. Jamaica currently retains the Judicial Committee of the Privy Council as its final appellate court.

- Andre Williams

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