Skip to main content

COE - Hylton Hiccups (1)


There is growing public controversy about the appointment on Velma Hylton Q.C as one of the members of the 3- panel commission  to enquire into the events of the May 10 , 2011 involved the armed confrontation between civilians and the Security Forces in and around Tivoli Gardens. The stated aim of the exercise was the capture of Christopher Michael Coke aka Dudus, Prezi, Shortman for whom an arrest warrant was issued as part of an Extradition request by the US Government.

Dudus reportedly escaped the dragnet; 76 persons were reportedly killed during the exercise; many were detained and a plethora of reports of Human Rights violations and property damage surfaced.

 The "Tivoli incursion" occurred under a  Jamaica Labour Party (JLP) administration headed by Orette Bruce Golding who, apart from being Prime Minister, was also Minister of Defence. Tivoli Gardens was considered as the human resource base of the JLP and the fact that it's leader could authourise such a military operation against  a Tivoli Don was, to put it mildly, politically unimaginable.

The Peoples National Party ( PNP ) administration has announced the setting up of a Commission Of Enquiry ( COE ) without a budget and with no commencement date.

Nevertheless the appointment of the Commissioners and the Terms of Reference have stirred public debate.

The crux of the criticism of the appointment of Hylton surrounds her role in a previous COE into the confrontation between residents of Western Kingston ( including Tivoli Gardens) and members of the Security Forces between July 7-10, 2001. That COE was chaired by The Honourable Justice Julius Alexander Isaac and included Rverend Dr. Garnet Brown and Dr. Hyacinth M. Ellis.


Interestingly, television footage of the proceedings captured the chairman taking an un scheduled nap which would have gone unnoticed saved and except the crescendo of his snoring . Thereafter the COE has been referred to as" The Snoring Commission".


Hylton's role:

 Miss Velma Hylton, Q.C. was appointed Commission Counsel on August 22, 2001. The appointment sparked some concern among attorneys appearing before the COE as it was a novel departure from the customary practice in Jamaica .

Previously the Government of Jamaica had been represented by counsel from the Attorney-General Department , following the practice of the Attorney- General of England.

It is likely that the Chairman's judicial experience in Canada had a decisive influence on the departure. Indeed it was considered of such import to warrant a place in the Report of the West Kinston Commission of Enquiry Volume 1 Main Report June 2002


 However, the  Commission in its wisdom decided to depart from that practice:


         ".... we considered it prudent to appoint a Commission Counsel, someone


                who was not in the employ of the Government. That person would


                 be independent of the Government and take instructions from the


                 Commission only." ( para. 2.5, p. 10 )


Reliance was placed on the writings of the late Mr. Justice John Sopinka of the Supreme Court of Canada whom it is said was Commission Counsel to three commissions of enquiry



               " Although the jurisprudence is sparse with respect to the legal status of


                 commission counsel, there is general agreement that he is the


                 commissioner's counsel. His conduct must be governed at all times


                 with this in mind. Conversely, the commissioner or commissioners must


                 bear in mind that the commission counsel's actions are attributed to the


                 commission." ( para.2.6, p.10 )


Sopinka was of the view that commission counsel is subject to the direction of the commissioner who could, in certain circumstances, authorize his counsel " to carry out any duties that are within the terms of reference of the commission" ( op cit )


Concluding comments:


It is beyond dispute that Velma Hylton, Q.C. as " Commission Counsel " was viewed as an agent of that COE . Even if she had acted in the most professional manner, the centrality of that role meant that she would have formed impressions ( albeit from the evidence presented)  about the nature and extent of the confrontation between the Security Forces and gunmen in Tivoli Gardens.


The announced Tivoli COE is too " genetically linked" to the circumstances of 2001. It would be extremely difficult to avoid being influenced by previous involvement and to dispel the perceptions formed by key  JLP operatives. Those perceptions led to the  the withdrawal of all JLP / Tivoli related personnel from the proceedings of the Snoring Commission.


Indeed the GOJ ought have been made aware of all of the above. The current Attorney- General was then counsel representing the JLP councillor for Tivoli Gardens,who is now the Member of Parliament for Western Kingston.


From the supporting documentation, it could be argued that Velma Hylton, as Commission Counsel, exceeded her role and offered personal comments which-- irrespective of their legally validity-- were not in accord with that of the Chairman or the COE . 
In Hylton Hiccups (2) we will examine that position.

        

Comments

Popular posts from this blog

Dudus:The Extradition Of Jamaica's #1 Drug Don

We have posted the 3 book reviews that have been published in the Jamaican newspapers. There is now available on Youtube an interview done in late 2018. Below is the introduction by Angry People Smiling: "Dr Paul Ashley, Attorney-at-Law and Political Commentator, published Dudus: The Extradition of Jamaica's #1 Drug Don, a book which recounts the "Machinations of the Government of Jamaica (GOJ) to delay and frustrate the extradition of Jamaica's premier drug lord, Christopher 'Dudus' Coke." To achieve that goal, Dr Ashley went to primary sources and published transcripts from both, the Manatt, Phelps and Phillips and West Kingston Commissions of Enquiry. Documents are scattered over the seven chapters. Dr Ashley provides an overview of this watershed 2010 event then examines the confidentiality breach, the delays and tactics, the machinations of both the governments of Jamaica and USA, and finally, the escape and capture of Dudus, who was wanted t...

Tivoli COE: Clarifying the US Role

"The full extent of U.S. involvement in the operation remains unclear."                           Mattathias Schwartz, The New Yorker , August 3, 2012 That statement comes from the leading researcher on the role of the USA in the May 2010 military operation in Tivoli Gardens, Jamaica. The Tivoli Commission of Enquiry (COE)  cannot fulfill its mandate if it fails to clarify further the role the USA played in the operation. Clarification can come from a number of sources. Then Prime Minister & Minister of Defence, Bruce Golding, has given Schwartz a most interesting interview. However, there are certain assertions that the COE may wish to seek clarification. For example: Golding requested the US authorities  to provide "aerial surveillance"that would assist the security forces in managing the operation.Golding claims that he had in mind "satellite images." Clarify : The exact nature of the aerial s...

By-Election Predisposition

Introduction A massive amount of time and resources have been devoted to the issue of the course to be properly taken once a victorious electoral candidate has been found to be "disqualified" under S. 40 of the Constitution of Jamaica. Simply put, the crux of the matter is whether the second place candidate should, without more, be accorded the seat by the court; or that the said election be deemed null and void and a by-election ordered to decide the people's representative. This matter consumed inordinate amounts of energy - judicial and otherwise - due primarily to the silence of the Constitution on what recourse should be adopted in such circumstance. A cardinal tenet of democratic government is that the people must decide their representatives and not a select grouping - no matter their qualification or status. The Constitution of Jamaica fully recognized this imperative even though it expressly delegates the determination of questions as to membership of either Ho...