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**tenman** » 2011-11-23 22:42

Rudolve they (CCJ) have financial Independence. Why should it matter where the funds come from what matters is that its already there. No judge has to worry if he rules against a particular government, that he may not get paid. As far as the privy council, are you trying to suggest that the judges there cannot be influenced by things other than the law? A good example is their stance on the death penalty, do you honestly think that their rulings are not based on UK sentiments? Those in charge of the Privy counsel have made it clear that they are tired of us and its time we used our own final courts see www.bbc.co.uk/caribbean/news/story/2009/09/090922_privyccjphillips.shtml

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**Rudolve.** » 2011-11-23 21:56

Where is the 100 million $ trust fund coming from? It still has to come from the island govt!
The point is there judges come from the region and can swing with public sediments,and opions that are not based on facts or law...

**tenman** » 2011-11-23 20:40

Rudolve please do some research. The CCJ was setup so that it controls its own finance. see www.caribbeancourtofjustice.org/trustees.html
Quote:

Financing the Court Concerns have been expressed that the Judges of the Court would be paid by governments which can exert decisive informal pressure on them to deliver judgements favourable to this or that government. In order to pre-empt this eventuality and fund the Caribbean Court of Justice in perpetuity, a Trust Fund of US $100 million has been established, so as to enable the expenditures of the Court to be financed by income from the Fund. In this way, the expenditures of the Court, including the remuneration of the Judges, is not dependent on the disposition of governments. As a consequence, the CCJ is the only integration court of its kind financially independent of the largesse of governments and free from their administrative control. The Caribbean Court of Justice Trust Fund is administered by a Board of Trustees drawn from regional entities.

Where the HMB case is concerned it has already been to the final court, our privy counsel which rules against the then owners.

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**Rudolve.** » 2011-11-23 20:17

What will happen to the half moon bay case if it goes to the ccj. ..? It the Caribbean govt that pay there salary,s. so how can they rule against there paymasters?

**Tobi** » 2011-11-23 15:39

In this flip-flop Bird shows a complete lack of any sound or convincing belief in policy or philosophy for the country. This clearly shows that he is a bare-faced opportunist, much like his father who said similar things about Antigua's readiness for Independence when he was in opposition, only to take us into Independence in 1981 while he was back in power. We must as a country overcome the immaturity in the belief that unless a Bird does it, it is not worth doing.

**Smithy** » 2011-11-23 13:31

The discussion on this subject is reasonable civil; lets keep it that way. Lets here from the National Abroad in the legal profession,

**Cool Ruler** » 2011-11-23 08:43

Just like Panda in Trinidad who fought to have the headquarters in his country then turned against the idea once he went into opposition, Lester Bird has also been doing the cart wheel or flip flop as some would say. This is the man who committed Antigua to becoming a member of the CCJ once all referendum hurdles have been cleared by being one of the first signatories to the agreement now singing a different tune. That is why persons are very cynical of politicians, say one thing when in office sing a different tune when in opposition. I guest he does not believe that his good friend Sir Dennis can oversee a judicial system that is fair and show maturity in their decisions. I don’t believe this is the same court that denied observer the right to a broad cast license; I don’t even believe any Judges from that period is still sitting.

**tenman** » 2011-11-23 08:40

I may be wrong but it was Lester's daddy who made it law after the Donald Halstead v Henderson St. Clair Simon case, that the furthest you can take an election case is the ECSC.

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**tenman** » 2011-11-23 08:39

Quote:

We claim to be politically independent and we claim to have moved away from neocolonialism, colonialism, and imperialism, all these wonderful left-sounding phrases and catch phrases and so on, and the CCJ is part of our total process of liberation and emancipation,...It is a shame that once again another political leader in the opposition has stooped so low in order to score political points

l Anthony Astaphan

Just because you lose a case don't mean its the judges fault. Bird, last night, listed as reason for his reservation, the judgment made by the court to overrule the Blenman decision. Astaphan, the lawyer often used by the ALP, stated just after the ALP lost, that we need to look at making changes to the election law because it does not allow enough time for lawyers to properly find and build a proper case. MP Bird's logic is even more flawed when you recognize that it was not the CCJ that ruled in the matter but the Eastern Caribbean Supreme Court. MP Bird when he was PM did not see the need to change our election laws to allow an appeal to either the Privy council or the CCJ.
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**Dessalines** » 2011-11-23 07:52

I agree with Lester 100%. Mr. Simon needs to lobby for the courts in Antigua to be brought up to speed before he bites off another chunk of responsibility. When you have a case taking 3 years or more to be heard I think we are still in the infancy stages.
Dr. Newton was right about passing laws when in power that you will be happy with when in opposition.

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