Questionable Conduct: The Jamaican Political Reality

There has been talk of  behind-the- scenes moves aimed at breaking the deadlock over the three CCJ Bills. A proposed Agreement was to operate on two levels: the Government and the Opposition one one level  and the PNP and JLP on the other. Deadlock : The Government wishes the Opposition to support the CCJ Bills by voting in favour of the CCJ Bills, both in the House of Representatives and in the Senate. The Opposition wishes the issue of whether the Caribbean Court of Justice should replace the Judicial Committee of the Privy Council as Jamaica's final Court of Appeal to be put to the Jamaican electorate by way of a vote. Proposed solution :  More than 50% of Opposition Members in the House of Representatives and more than 50% of the Opposition Senators in the Senate will vote in support of the CCJ Bills in the House of Representatives and in the Senate, respectively. The question to be put to the electorate: " Are you in favour of the Caribbean Court of Ju...

The CCJ Debate will most likely frazzle out being overshadowed by the election campaign and the "dead babies scandal". However are some very poignant interventions; not in the actual debate but in the discussion on the motion to remove the suspension from the service of the Senate imposed on Senator Malahoo Forte. This motion was moved and passed in the Senate on Thursday, October 29, 2015 in the absence of the Opposition Members. Senators  Mark Golding and KD Knight gave some indication of the fundamental issues constituting the crux of the debate on the three CCJ Bills. Senator Golding: "We want them to listen and to hear what we have to say on this important issue. We want to hear what they have to say on this important issue. The people of Jamaica want to hear what all Senators have to say on this important issue..... (Applause)....because it is one of the ironies , perhaps, of history, that an unelected Senate, ultimately will determine whether or not the p...

                           The CCJ debate in the Senate is in full swing: lots of distractions , drama , and rhetoric but woefully devoid of substance . We have expressed our discomfort with the decision of Jamaica’s final appellate resting solely on the vote of one Opposition Senator “exercising his conscience” and being anxious to be on “the right side of history”. One of the key elements is the role of the citizens (not their elected representatives or their appointed agents) in the making of this decision. On strict Constitutional terms there is none. The Constitutionalist : The PNP Government has decided to replace the Privy Council with the CCJ as Jamaica’s final appellate court The severing of ties with the Privy Council requires only a simple majority in both Houses. The government of the day has such a majority so that is a relatively simple exercise. Both our Supreme C...

                                      Summary of Interesting Highlights The Court of Appeal has dismissed the appeal of the Leader of Opposition in the House Of Representatives. Andrew Holness was seeking a reversal of the order of the Full Court ( Daye, McDonald Bishop and Batts JJJ) made on 6 February 2015. By that order, it was declared that: “1   ….the request for and procurement of pre-signed and undated letters of resignation and letters of authorization by the Leader of the Opposition from persons to be appointed as Senators to the Senate of Jamaica, upon his nomination, is inconsistent with the constitution, contrary to public policy, unlawful, and is, accordingly null and void . 2   ….the pre-signed and undated letters of resignation and letters of authorization, as well as the manner of their use to effect the resignation of Senators (  the claimant in parti...

                There has been considerable public debate about the Leader of the Opposition, Andrew Holness, decision to appeal the Declaratory Order of the Constitutional Court in the Matter of Arthur Williams v Andrew Holness. In an attempt to expedite the matter, the President of the Court of Appeal, Seymour Panton, has set March 16-17 for the hearing, pushing aside other appeal cases . Such recognises the urgent public interest that attends this constitutional matter. Some have argued that the Leader of the Opposition should just accept the judgement, allow the offended Senators to resume their seats, and unreservedly apologise to the public of Jamaica. Thus this political distraction would fade away as the JLP focuses on matters central to the welfare of the electorate and mobilizing for an electoral victory.   In sum, it is not in the interest of the JLP to have this Senate imbroglio occupy public space for a ...

                                The response of the Senate—the Upper House—to the Declaratory Order by the Constitutional Court in  Arthur Williams v Andrew Holness  [ Claim No. 2012 HCV 06428] is nothing but sheer stupidity . The gist of the findings were a) that the pre-signed undated letters were null and void—ie of no legal effect; b) the Leader of the Opposition has no role whatsoever in the resignation or removal of a Senator; c) Arthur Williams and Christopher Tufton did not resign. The implications are crystal clear: i) Williams and Tufton are still members of the Senate; ii) Nigel Clarke and Ruel Reid were never duly appointed as there was no vacancy. It is not a complicated matter, even though the JLP could have done with a few more Senators. That too would have been inconsistent with the constitution, contrary to public policy, unlawful and, accordingly, null and v...

The Tivoli Commission of Enquiry has been informed by both the then Minister of National Security, Dwight Nelson, and the then Commissioner of Police, Owen Ellington, that the security forces had no idea how, if and when the fugitive Christopher "Dudus" Coke escaped the dragnet imposed on Tivoli Gardens in May 2010. Nelson too admits the there are a number of theories ; but he does not believe that the security forces "know for a fact" how Dudus managed to evade capture. Theories:  Coke never left  Tivoli Gardens during the military- police incursion; Coke escaped via tunnels constructed as waste water drains -- exiting at a gully in Hannah Town; Coke escaped on land disguised as a female.   ET #1: This seems very unlikely given the intensity of the searches conducted by the security forces. Indeed if Coke had remained undiscovered during the military-police operation, then there would be no need to risk being discovered by venturing outside of his '...

The issue of the sufficiency, or otherwise, of the supporting evidence  accompanying the formal extradition request for Christopher "Dudus" Coke resurfaced during the cross-examination of Miss Dorothy Lightbourne at the Tivoli Commission of Enquiry. The focus was on the "other evidence"--ie that excluding the contested wire tape evidence. Dorothy Lightbourne, the former Attorney- General and Minister of Justice, has been consistent in maintaining that the evidence other than that pertaining to the wire taps was insufficient to establish a prima facie case. Nevertheless she signed the authority to proceed without a sufficient evidentiary basis. In the Manatt Enquiry, the following exchanges took place on Friday, March 11, 2011 between Mr. K.D. Knight and Miss Lightbourne: Q:   ..... Miss Lightbourne you had some reservations about the wire tap evidence that had been supplied by the US government, is that correct? A:  That is correct. Q:   If you exclude t...

The testimony of former Prime Minister and Minister of Defence, Orette Bruce Golding and former Minister of National Security, Dwight Nelson have raised concerns about the veracity of statements concerning the Jamaica Defence Force (JCF) and Jamaica Constabulary Force (JCF)  joint operations in Tivoli Gardens (TG) in May 2010. The former PM was concerned about the accuracy of the deaths reported to him by the security forces and particularly the reports by the JDF . He had received telephone calls from residents of TG complaining about extreme abuse being perpetrated by the security forces resulting in a number of fatalities. Golding sent a team including the Public Defender, Earl Witter, to ascertain the true position and even enquired of the US Embassy if there was any information on the carnage that had purportedly been taking place. In short, the Prime Minister and Minister of Defence had reason to query the information being relayed to him by the Heads of the security fo...

We have stated that Christopher Tufton  was not "too bright" to have a place in the JLP Council of Spokespersons as a main spokesman with very substantial shadow portfolio responsibility.Dr. Christopher Tufton had ran afoul of  Mr. Andrew Holness in the leadership challenge by Audley Shaw et al ostensibly for comments made on the campaign platform about disliking the company of "bright" people. Background: Tufton, a former close National Democratic Movement associate of Bruce Golding, was tipped by some to be Golding's successor as JLP Leader. However, Holness was anointed and appointed. Moreover scholarly Chris has lost his seat in the General Elections was seated in the Senate and  employed as Co- Director of a University "think-tank". Tufton, along with others being nominated by the Opposition Leader to be appointed to the Senate by the Governor- General, signed the undated resignation letters which purported to effect resignation "with i...

The reports that unconstitutionally ousted Senators Williams and Tufton (The Two) intend to resume their seats in the Upper House has raised questions of the strategies will the JLP adopt to (i) curtail further embarrassment, (ii) restore public confidence that it should be perceived as a credible alternate government, and (ii) reaffirm its commitment to the Rule of Law and the paramountcy of the Constitution of Jamaica. It is of little or no political moment if the Senators merely resume their seats , likely with the enthusiastic applause of the Government Members and the grimace of  the other Opposition members--minus Reid and Clarke . The media will be there to record "live and direct" the historic occasion. Political script writers would not allow such a presentation devoid of political staging. The event presents a glorious opportunity for the JLP to launch a recasting of its brand. Hence the crafting of a Political Ploy Play:            ...

Embroiled in a political quagmire largely of its own making, the Jamaica Labour Party (JLP)  has once again shot itself; this time not in the foot , but in the upper reaches of its political groin. Although injured it requires substantial amounts of testicular fortitude for it to surmount the challenges on the rocky road to an election victory. There is need for a concerted attempt at establishing  a degree of party unity needed to convince the electorate that is it is credible alternate government . In sum, given the chance a JLP administration would be faithful to our Constitution, adhere to  the Rule of Law, and act with transparency, integrity and accountability in endeavours to improve the lot of the Jamaican people. We would suggest that any strategy adopted by the JLP must be designed to  re-establishing  (a) the paramountcy of the Constitution,  (b) the adherence to the Rule Of Law and (c)  public confidence and trust in Andrew Holness as...

The public debate has focussed primarily on the declaratory order of the Constitutional Court that the Leader of the Opposition has acted contrary to the Constitution, contrary to public policy, and unlawfully.The Leader of Her Majesty's Loyal Opposition is an office that is recognised by the Constitution of Jamaica. Indeed some would argue that it is a creature of the Constitution.   Not JLP Leader : Note that the Leader of the Opposition is not synonymous with the head of the political party that  forms the minority in the House. In Jamaica's political history, the Leader  of the Opposition has been someone other than the head of the respective political party. This is due to the fact that  (i) the Constitution does not recognize political parties and (ii)  the head of political party that the majority of the members not supporting the Government did not have a seat in the Lower House at that point in time. There should maybe some confusion between the Le...