Privy Council voids Belize death penalty

A recent ruling by the Privy Council has had the effect of eliminating the death penalty in Belize and a number of other Caribbean nations. Today in its regular press briefing, Cabinet announced that it has asked the Attorney General to look into the legal implication of removing the Privy Council’s jurisdiction as the final court of criminal appeal, a move that would require a constitutional amendment. Today, we spoke to one senior member of the bar who suggests that we shouldn’t act too hastily.

Rodwell Williams, Attorney

“The implications are substantial. It will necessitate constitutional amendment and it has other implications too. For instance, one of the notions that have undermined the Caribbean Court of Justice is that it is intended to be a hangman’s court. Meaning governments, including ours, being unhappy with decisions of the Privy Council are seeking to remove it and to replace it with a Caribbean Court that, the perception is, they will control and will simply be a hangman’s court. And that’s a bad thing. When you’re unhappy with the decision of a court, you don’t abolish it, you should generally respect the rule of law.

Other implications of course is that if the Privy Council is removed as the final court of appeal, even in criminal matters, even to that limited extent, it adds a substantial cost to replace it, or to find some alternative beyond the Court of Appeal of Belize. Because if you end up removing the Privy Council in criminal matters and leaving the Court of Appeal of Belize as the last resort, it really cuts from the legitimate rights of individuals who are aggrieved to go beyond the Court of Appeal, especially in the context where the Caribbean Court of Justice is not yet in place.”

Ann-Marie Williams

“What’s the way forward then?”

Rodwell Williams

“Certainly, the way forward is to consider a Caribbean Court of Justice, but to consider it in this context would undermine that very court. Or simply keeping the Privy Council for some of us the in Caribbean I would say keeping the Privy Council as long as the Privy Council exists and is available would be a prudent thing, for economic reasons and for impartiality.”

While some progress is being made on the Caribbean Court of Justice, it is not expected to become a reality for at least several years.