The cost of any COE is always of concern and especially so when there are
competing demands for ever scarce resources. The debate surrounds getting value
for money and the provision of jobs for the favoured few.
We are also perplexed about the need and cost for two assistants to Hylton- each paid more than Commissioner Rev Garnett Brown. The total cost of the Commission Counsel and her assistants was a " staggering" $10.42 million. Admittedly the Snoring Commission menu had very generous servings!
Lawyers play a critical role in such enquiries. Where
counsel in retained by private interests it is of no public concern. However,
when the government selects counsel and pays for such services out of the
public purse, then it is a matter for public scrutiny.
Of course there is also the inferences to be drawn
when counsel retained by the government displays political allegiance
favourable to the governing political party, and in some instances play
supportive roles during elections -- even contesting seats.
The Snoring Commission was no different and the
scrutiny was heightened by the withdrawal of the JLP and its associates from
the proceedings. Consequently the findings are conditioned by the situation of
" uncontradicted evidence" being presented and considered.
The Observer, Wednesday, July 31, 2002 reported
that the West Kingston COE cost a "whopping $44.6 million".
Given the current controversy surrounding the naming
of Velma Hylton Q.C. as a Commissioner in the announce Tivoli COE, it is of
significance the amount she garnered and the comparison of the remuneration of
other central figures, notably the Chairman and the other commissioners.
The Commission Counsel:
The Observer Reporter : "The largest payment,
$4.79 million, to an individual was paid to Velma Hylton, counsel to the
commission."
The Other Commissioners:
"Fellow commissioner, Dr Hyacinthe Ellis, a
sociologist, received a total of over $3 million, while Rev Garnett Brown, the
third commissioner, was paid total emoluments of approximately $2 million.
Total payment on account of the three commissioners was $6.27 million."
The Chairman was a special case:
"During the period of the inquiry the chairman
continued to receive his salary from the Canadian Government," reported
Patterson. "He was, however, eligible for transportation, reasonable
travel and living expenses from the Government of Jamaica."
This amounted to a total cost of $1.23 million and
was paid over to the Canadian High Commission, the prime minister said."
The Rest of the Menu:
Set out below are the fees paid by Government to
various lawyers who appeared before the commission on behalf of Government
departments/agencies:
Janet Nosworthy (assistant to
Hylton)............................$2.67m
Eugene Harris (assistant to Hylton)................................$2.96m
Ian Ramsay (Jamaica Constabulary
Force).....................$4.47m
Jacqueline Samuels-Brown
(JCF)...................................$3.03m
Leslie Harper
(JCF).........................................................$2.88m
Norma Linton (Jamaica Defence
Force).........................$4.79m
Bert Samuels
(JDF).........................................................$3.06m
Errol
Gentles (JDF).........................................................$2.76m
The Public Defender's Office spent $600,000 to
retain counsel to represent victims of the police operation on July 7, 2001
which resulted in the deaths of 25 civilians, one soldier and one policeman."
Some Remarks
We have no clue as to the amount of hours the
Commission Counsel devoted to carrying out the work of the COE . Neither do we have any idea of how that
remuneration compares to that of fellow commission counsel in other jurisdictions .
We would like to be informed if it is usual for Commission Counsel to be paid more than
a sitting commissioner; and if that is indeed the case, more than twice the
remuneration of a sitting commissioner. Hylton received more than Ellis or
Brown. On the basis of remuneration alone, Hylton was supreme.
We are also perplexed about the need and cost for two assistants to Hylton- each paid more than Commissioner Rev Garnett Brown. The total cost of the Commission Counsel and her assistants was a " staggering" $10.42 million. Admittedly the Snoring Commission menu had very generous servings!
There is an irresistible urge to conclude that based
on the compensation package borne by the GOJ the panel of commissioners "
nah sey nutten". Perhaps that is the real reason for the nap. However such
does not account for the Chairman's snoring during the sitting.
Such, without more, would attest to the centrality of
Hylton to the West Kingston Commission of Enquiry. Jamaicans would say that
" she eat a good food". Having done so, then the GOJ can let someone
else "eat a food".
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