(Jamaica Observer) – The Caribbean Court of Justice (CCJ) will in April hear the case of finger-rape victim Shanique Myrie against the Barbadian Government. The Caribbean’s highest court did not however, specify a location where the trial will be held. Myrie’s case is the first brought by a Jamaican to the CCJ.
The CCJ held a case management conference by video link established between the CCJ Headquarters in Port of Spain and the Supreme Court of Jamaica in Kingston.
Myrie accused customs officials at Barbados’ Grantley Adams International Airport of an unlawful cavity search carried out on 14 March 2011 when she attempted to gain entry to that Caricom member state.
She is petitioning the CCJ to determine, under the Revised Treaty of Chaguaramas (RTC), the minimum standard of treatment applicable to Caricom citizens moving within the region.
The CCJ said the case is especially significant, as whatever judgment is handed down by the court will establish a precedent for such situations.
Under its Original Jurisdiction, the CCJ has compulsory and exclusive competence to interpret and apply the RTC, as in this instance, by hearing and deciding disputes between Caricom nationals and Caricom member states concerning issues with which the treaty deals.
Myrie contends that the treatment she received at the hands of Barbadian officials at Grantley Adams Airport ran contrary to her entitlements provided under the RTC and she obtained permission from the Government of Jamaica to approach the CCJ directly on the matter.
She has accordingly filed an application before the Court for Special Leave to appear as a party in proceedings against the State of Barbados.
The case management conference on the application for Special Leave was conducted before Justices Adrian Saunders, Jacob Wit and Winston Anderson. Present at the hearing were Ms Michelle Brown and Mr Marc Ramsay appearing for Ms Myrie, and Dr Kathy-Ann Brown and Ms Alicia Reid representing the interests of Jamaica.
