What kind of cleasning practice do you follow?

Poor leadership & dithering are reasons for JFLAG & Jamaica AIDS Support’s homelessness

Friday, September 25, 2009

Leave my right to appeal to the Privy Council

I strongly disagree with the call once again by politicians to remove our rights as citizens to appeal the Privy Council as our final appellate court. What is this rush? I think they want to have a hanging court firstly and also a court that can be manipulated I fear. The Caribbean Court of Justice is a good idea and should be done but not in the haste that some politicians would like to see it happen. If politicians get their way with this then what else can be changed by a phone call or over a drink or at the stroke of a pen if one is not happy with a law or a piece of legislation. The opportunist PNP desperate for some attention have jumped on the train since the new President of the UK Supreme made remarks to the effect that the lower lords spend much time hearing matters from former colonies.

Here is a link to a radio discussion on natiowideradio on the matter with an eminent Queen's Council and a Principal of the Law school here in Jamaica: GO HERE

Here is AJ Nicholson (the anti gay Senator and former Attorney General) quoted in an article in the Gleaner (25.09.09), can you imagine if he got his way?:

'Have we no shame?' - Nicholson calls UK comments on the Privy Council reason enough to move to CCJ
Gary Spaulding
Statements attributed to a high-profile judge in the United Kingdom (UK) have given the parliamentary Opposition renewed fillip to push for the Caribbean Court of Justice (CCJ) to be used as Jamaica's final appellate court instead of the London-based Privy Council.

The Opposition is calling on the Government to table the required legislation in Parliament to revive the process of delinking from the Judicial Committee of the Privy Council and to have the CCJ as our final court of appeal," former Justice Minister A.J. Nicholson said at a press conference yesterday.

Nicholson was spurred by comments made by the soon-to-be president of the Supreme Court in the UK, Lord Nicholas Phillips.
(remember this cartoon) Jan 19, 2007

Establish own court

The British judge has reportedly called on Caribbean countries to establish their own final court of appeal and questioned whether some Privy Council cases, including Jamaica's death-row appeals, needed to be heard by a panel of five of Britain's most senior judges, who have to spend disproportionate time on these matters.

The report out of the London media said many independent observers, presumably British taxpayers, say the privilege of continued pro bono (free) use of the appellate body is both an ideological stain and a financial drain on the newly created Supreme Court.

Declaring that he shares in the shame of the nation overstaying its welcome in the Privy Council, Nicholson characterised his call as urgent and regrettable, but stressed that this was no time for recriminations.

"It is unflattering for us as a people of an independent country to have placed ourselves in a situation to be told in quite measured but certainly unambiguous terms that surely the time has come for the imperial apron strings to be finally cut," Nicholson declared.

Nicholson was justice minister and attorney general in the P.J. Patterson administration which had spearheaded the thrust for the establishment of the CCJ as the country's final court of appeal.

Ironically, the then PNP administration was thwarted in its efforts by a ruling from the Privy Council.

He said in light of this week's reports in the UK media, the Government could no longer hold fast to the requirement that an indicative referendum be held to determine whether Jamaica should retain the Privy Council as its final court of appeal.

Nicholson, who had always been a passionate advocate for a regional appellate body, made an impassioned appeal to the Bruce Golding administration to set the machinery in motion to embark on the judicial course to replace the Privy Council with the CCJ. "I feel the shame," he declared yesterday.

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MORE PROBLEMATIC HOMELESS MSM ISSUES for JULY 2012

What to Do .....

When Arrested and taken to a Police Station you have the right to:

a. Make a phone call: to a lawyer or relative or anyone
b. Ask to see a lawyer immediately: if you don’t have the money ask for a Duty Council
c. A Duty Council is a lawyer provided by the state
d. Talk to a lawyer before you talk to the police
e. Tell your lawyer if anyone hits you and identify who did so by name and number
f. Give no explanations excuses or stories: you can make your defense later in court based on what you and your lawyer decided
g. Ask the sub officer in charge of the station to grant bail once you are charged with an offence
h. Ask to be taken before a justice of The Peace immediately if the sub officer refuses you bail
i. Demand to be brought before a Resident Magistrate and have your lawyer ask the judge for bail
j. Ask that any property taken from you be listed and sealed in your presence
Cases of Assault:An assault is an apprehension that someone is about to hit you

The following may apply:
1) Call 119 or go to the station or the police arrives depending on the severity of the injuries

2) The report must be about the incident as it happened, once the report is admitted as evidence it becomes the basis for the trial

3) Critical evidence must be gathered as to the injuries received which may include a Doctor’s report of the injuries.

4) The description must be clearly stated; describing injuries directly and identifying them clearly, show the doctor the injuries clearly upon the visit it must be able to stand up under cross examination in court.

5) Misguided evidence threatens the credibility of the witness during a trial; avoid the questioning of the witnesses credibility, the tribunal of fact must be able to rely on the witness’s word in presenting evidence

6) The court is guided by credible evidence on which it will make it’s finding of facts

7) Bolster the credibility of a case by a report from an independent disinterested party.

Taboo...Yardies Trailer

The concept of the documentary Taboo...Yardies is to explore the perception of Jamaica as an Island that is saturated with homophobia by providing Jamaicans who are pro, con and everywhere in between this highly controversial issue. These are the voices of those who dare to speak up and out on human rights.

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Atheism & Secularism may cloud the struggle for lgbt rights in Jamaica

recent discussions seem to cloud the thrust for advocacy in regards to decriminalization of buggery and privacy rights for same gender loving people

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Not all views expressed are those of GJW

This blog contains pictures and images that may be disturbing. As we seek to highlight the plight of victims of homophobic violence here in Jamaica, the purpose of the pics is to show physical evidence of claims of said violence over the years and to bring a voice of the same victims to the world.

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National attitudes to gays survey shows 78% of J'cans say NO to buggery repeal

My two cents on the recent survey of attitudes towards homosexuality as funded by AIDSFREEWORLD and sanctioned by JFLAG, was this study needed when we already know this just by observing the events on the ground? Positions have in fact hardened it seems since the suggestion by Prime Minister Simpson Miller of a review of the Buggery Law

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thank you for your donations via Paypal in helping to keep this blog going and related costs. Please continue to support me and my allies in this venure that has now become a full time activity. When I first started blogging in late 2007 it was just as a pass time to highlight GLBTQ issues in Jamaica under then JFLAG's blogspot page but now clearly there is a need for more forumatic activity which I want to continue to play my part.

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Thanks again
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John Maxwell's House