19/09/2023
. Not because itโs never been done before, even in the common law, means you canโt try. Thinking of a novel approach we overcame a significant lacuna in the common law, where there was no way previously to do so, for missing adult persons. The situation was that one had to wait the seven years for someone to be presumed dead, after being missing for that period of time, to get such a declaration from the court or to have any possibility of obtaining a grant to manage that persons affairs. Last week Dr Delroy Beckford, Attorney-at-law and Keisha-Ann Thompson Sterling, Attorney-at- law combined research and skills as well as strategy successfully and obtained an order appointing a the mother of missing fisherman Robert Weir, legal representative with just under two years being missing at sea ( unprecedented) so that the interest of Justice could be served.
Robert and two other Jamaican fishermen were allegedly mistreated and kept in inhumane conditions on board US Coast Gaurd vessels and detained in the United States prisons. No mater the circumstances peoples human rights must be upheld. The Jamaican courtโs decision acting under their inherent jurisdiction allows Robertโs case to proceed in the United States so that his legal rights can be properly defended.
Read what was at stake and what would
have been lost had the Jamaican Court not acted in the interest of Justice despite no previous precedent in the common law โฆ โThe American Civil Liberties Union filed a federal lawsuit in June 2019 against the United States and the head of the U.S. Coast Guard on behalf of four Jamaican fishermen, who were forcibly removed from their fishing boat and detained for over a month at sea on four U.S. Coast Guard ships in patently inhumane conditions.โ https://www.aclu.org/cases/weir-v-us
It is hoped that with the many missing persons in Jamaica and the inability of families to deal with their affairs there will be significant legislative change as a result of this decision to fill what is obviously a gap in the legislative framework in Jamaica. The Jamaican Bar Association
I am extremely proud to have assisted Robertโs family and the ACLU that took up the case on Roberts behalf in such tragic circumstances. Also grateful to Dr Delroy Beckford for being an excellent barrister marshaling our research into persuasive submissions.
At the time of writing Robert still remains missing at sea.
The American Civil Liberties Union filed a federal lawsuit in June 2019 against the United States and the head of the U.S. Coast Guard on behalf of four Jamaican fishermen, who were forcibly removed from their fishing boat and detained for over a month at sea on four U.S. Coast Guard ships in patent...