An argument for retaining Privy Council

RUSHTON PARAY

THE LEGAL saga of Sassy Garcia provides a compelling testament to the pivotal role the London-based Privy Council plays in ensuring justice, and accentuates the concerns surrounding the Caribbean Court of Justice as a viable alternative for TT.

For over a decade, Garcia, a resident of Arima, grappled with the TT judicial system, fervently attempting to retain possession of her property. Despite enduring a series of legal disappointments, first in the High Court and then in the Appeal Court, her determination remained unshaken.

Furthermore, her initial application to have her case reviewed by the Privy Council was denied. Undeterred, Garcia made a personal appeal to be heard before the Judicial Committee of the Privy Council.

The Privy Council's subsequent unanimous decision in favour of Garcia underscored a significant disparity in legal perspectives. All five Law Lords unequivocally concluded that the TT courts had rendered an erroneous judgment.

This decision was especially notable given the background: a powerful corporation, as cited in the report, had made aggressive moves to unlawfully evict her from the property in question.

Garcia's case illuminates the broader discourse surrounding the importance of the Privy Council. While proponents of the Caribbean Court of Justice advocate for its regional relevance and accessibility, the Privy Council has consistently demonstrated an impartial, meticulous and internationally recognised approach to legal interpretation and judgment.

Garcia's triumph underscores the significance of retaining an external judicial body, free from potential regional biases or political influences. For many in TT her experience exemplifies the inherent value of the Privy Council in ensuring that justice, even when seemingly elusive at home, can ultimately be attained.

In light of such cases, it becomes imperative to reflect upon the ramifications of relinquishing the Privy Council as the final court of appeal. The renewed faith of TT citizens in this institution, as evidenced by reactions to Garcia's case, underscores its enduring relevance and the concerns about potential replacements.

In conclusion, while Sassy Garcia's resilience and triumph deserve applause, her story also serves as a potent reminder of the irreplaceable role the Privy Council holds in the judicial landscape of TT.

Rushton Paray is the MP for Mayaro