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If the anti-Caribbean Court of Justice (CCJ) lobbyists needed a sturdy platform from which to make their case, the CCJ itself has gifted them one on a silver platter — all nicely wrapped up and tied with a bow. They have struggled to offer cogent arguments against the quality of its decisions, the timeliness with which they are delivered or, up until now, the calibre of its judges.
The recent disclosure of discord among its members is deeply troubling. It is not disagreements among them that make it so. Disagreements are normal and healthy in a panel of judges who may offer different interpretations of the facts and points of law. That is why a panel exists. One expects that such disagreements are expressed respectfully, unlike another jurisdiction where they are sometimes punctuated with personal abuse.
What is alarming is that the disclosure involves accusations of autocratic behaviour by the president and his manipulation of panel selection aimed at influencing judicial outcomes. More alarming is the fact that these accusations are made not by one or two judges, but all the other five. It is hard to believe that they could have all taken that position without due consideration.
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