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Real Sanctions Needed

The dual citizenship saga has demonstrated the clear and urgent need for effective deterrents in respect of breaches in the supreme law of the land – the Constitution – by those sworn to uphold its provisions. It is evident that political expediency has trumped principle. Our law makers have effectively turned a blind eye to their colleagues who knowingly and blatantly perpetuate breaches of the Constitution. The offending parties wait to be “discovered” and then take advantage of the pathetically slow pace of justice to prolong the breach. The substantial cost of civil litigation have forced some to fess up and hurriedly take the appropriate action to regularize their occupancy. However, the cost of litigation apart, the offenders are able to keep their ill-gotten gains – the proceeds of their constitutional crimes. As presently constituted, the penalties under the Constitution are laughable and have never been enforced publicly in breach. In the absence of a culture of transp...

Merry Go Round Clowns

Initially, the position of the government and the Jamaica Labour Party (JLP) was that: The MOU"S breached the constitutional rights of Jamaican people; The MOU's were legally invalid as the provisions were in conflict with the laws of Jamaica; Dr. Peter Phillips secretly and without the requisite authority entered into such agreements (MOU1 & MOU2) with agencies of the US government (DEA, CIA, FBI)  Curiously, in the Manatt Commission of Enquiry, the JLP had distinct and separate legal representation from Prime Minister Bruce Golding. The JLP, through its attorney Frank Phipps QC, maintained the position that the MOU's facilitated the breach of the citizens' constitutional rights. PM Golding's attorney, Hugh Small QC, seemed at times to be lending support to this seemingly principled position. The PNP's attorney Senator K.D. Knight QC. brought to the attention of the COE Prime Minister Golding's admission in Parliament that the current government...

Call Lorna Golding

Many reputations are being put to the test during the Manatt COE hearings. We have heard from public officials, specifically charged with dealing with extradition cases. We are yet to hear from the political operatives. However, none of the players in the Dudus Extradition Affair (DEA) has had personal reputation smeared in the press as had Mrs. Lorna Golding, the esteemed wife of PM Bruce Golding. Wikileaks was wicked. They purported to disclose official comments made by the US representative of the happenings at a "Tea Party" (a misnomer as no tea was reportedly served). A number of damaging allegations were contained in those official communications. These include, apart from the offering to serve day-old salad made by her husband (Iron Chef Bruce?) : The PAO's conversation with Mrs. Golding covered a wide array of topics, from salads and manicures to the Coke extradition request (Ref A) and Jamaica's pending negotiations with the International Monetary Fund. ...

Cartoon & Cash Cow

We have been told that the budget allocation for the Dudus/Manatt COE is approximately J$40million. We have also been informed that the remuneration package for the Chairman is approximately J$30,000.00 per hour. We have not been told if the hourly rate is confined to the public sittings; or if it applicable to consultations between Commissioners; or to deliberations in compiling the final report. Neither have we been informed of the remuneration packages of the other Commissioners, the Secretary, Counsel to the Commission or his assistants. In the interest of transparency, the Commission should make public the various remuneration packages and the presumptions underlying the $40 million budget. From the current proceedings, it is fair to infer that there is likely to be significant cost overruns, especially in light of the hourly rate component. Clovis' cartoon in the Observer, Tuesday February 15, 2011 captures in vivid colours the display of legal manoeuverings, that have charac...

"Web of Deception" - Phillips

Solicitor General Douglas Leys grabbed headlines recently by his use of the phrase "Web of Deception". Curiously Dr. Peter Phillips, former Minister of National Security under a previous PNP regime is reported to have used that exact phrase from as early as March 24, 2010. Below is an extract from Dr. Phillip's Statement. The timeline will serve to demonstrate the web of deception and uncertainty that surround this matter. It also serves to put in context the seriousness of the issues.[emphasis added] August 25, 2009 Extradition request for Christopher “Dudus” Coke. September 18, 2009 First diplomatic note from the Government of Jamaica requesting additional information. Bill payment made to Manatt Phelps and Phillips (MPP) for US$49,892.62 from Harold Brady (GJ) for services rendered per billing agreement. October 1, 2009 Contract between Harold Brady and MPP signed. Harold Brady was referred to as “Consultant to the Government of Jamaica authorized on behalf of the...

Questions Nobody Asked: Lewin

What exactly was the response of the Minister of National Security to the information you relayed? You said on CVM TV words to the effect that the Minister "turned white". Could you please elaborate? How long did you observe that change in pigmentation? Did the Minister do or say anything during the duration of the shade change? How did you react when you observe these Ministerial changes? How did the Chief of Staff react? Did the Chief of Staff relay any information to the Minister during that meeting? Did the Minister of National Security say anything to the Chief of Staff? You have said that the Minister took about ten minutes to locate the PM by phone, did this seem unusual to you? Did the Minister indicate that he was experiencing a difficulty in making telephone contact with the PM? Can you say, with any degree of certainty, that the Minister of National Security only spoke to the PM via telephone in your presence? Can you say, with any degree of certainty, that the Min...

National Security Violations

"There can be no secret anywhere in Jamaica that allows the breach of the citizen's constitutional rights." Frank Phipps Q. C. Manatt COE Feb 2, 2011 The four MOU's were classified as secret documents executed by the then Minister of National Security and Justice, Dr. Peter Phillips, and security agencies of the US and UK Governments. So " SECRET " was the classification that they could not be located in the Ministry of Foreign Affairs, not seen by those in the office of the Director of Public Prosecutions (DPP) and apparently not located in the Ministry of Justice - specifically in the Solicitor General's Department. There is no evidence to date that the mystery memoranda were discussed by the Cabinet or brought to the Parliament of Jamaica. The plot thickened when it was revealed that the representatives of the US Government purported to rely on such memoranda but refused the GOJ request for copies. The Happenings It now turns out that the Attorney rep...