Questionable Conduct: The Jamaican Political Reality

The second book review of "Dudus: The Extradition of Jamaica's #1 Drug Don" was by Allan Douglas published in   The Jamaica Observer, Monday, October 01, 2018 entitled 'The extradition of Dudus': "I have just finished reading Dr Paul Ashley's book, Dudus: The Extradition of Jamaica's #1 Drug Don, a seven-chapter, 176-page scholarly work recording a significant event in Jamaica's history. It is very unfortunate the book will not be available for sale at bookstores or other outlets, but will only be accessible from libraries. In my opinion, the author could have spent more time researching the main character, Christopher “Dudus” Coke, and providing more details about him. To understand this character properly he must be placed in context. The book needed greater elaboration of his personal life — his boyhood days, the loves and influences that made him the person he became. One was left to rely on American intelligence reports that lacked substa...

The Constitution of Jamaica is silent on political parties: yet they have played crucial roles in elections to the Parliament and are now governed by regulations requiring them to be registered. It is time to end this hypocritical "political laundering". This silence facilitates the practice of"crossing the floor" by elected representatives in Parliament, without any consultation/approval of the constituency affected and any guidelines or consequences stipulated in the Constitution. The MP, for whatever reason--ranging from disagreement with the party leader/president, unsatisfied political ambitions to sheer political opportunism--simply crosses the floor in Parliament and takes a seat amidst the enthusiastically welcoming colleagues. The is usually accompanied by a letter of resignation from the former party and some release from the other stating that the application for membership was approved by a specially convened meeting of the appropriate sub-committee....

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...

                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 ...

                     Decolonization is a process by which nation-states reduce their dependency on institutions, structures and processes imposed, copied or inherited from the colonial experience. The ultimate aim is to fashion such to reflect the local realities. The process is a complex exercise varying in length, character and prone to a number of challenges, distractions, resistance and set-backs. Sometimes initiatives have to be undertaken by visionary leadership moving ahead of the general edification of the populace. A failure to satisfy expectations invariably gives rise to calls for the return to the “good ole days”. The Leader of Her Majesty’s Loyal Opposition has described the current debate on replacing the Privy Council (PC) with the Caribbean Court Of Justice (CCJ) as Jamaica’s final appellate court as a “ distraction”. The general reason given is that it shifts the national attention from d...

Attorney- General, the Honourable Patrick Atkinson, Q.C. has risen to the defence of the appointment of Velma Hylton, Q.C. as one of three commissioners in the Tivoli COE . The learned gentleman read in Parliament from " Statement to Parliament on the Tivoli Commission of Enquiry by Patrick Atkinson, Attorney General, Tuesday, March 04, 2014" It should be noted that   no reliance was placed on the verbatim notes of the proceedings of the Snoring Commission which would have substantiated, or otherwise, the quotations in the public domain and the context in which the assertions were made. Interestingly, reference to such was strongly recommended by Velma Hylton herself in her response at the time. See Hylton Hiccups(2) As an attorney, more so as the PNP Government's principal legal advisor, it is of critical importance to embark on such research in order to make an "informed decision". Instead the Attorney- General, like all public commentators, soug...

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 ...

There has been a lot of public debate on the pros and cons of the Prime Minister calling a general election to solve the dual citizenship calamity in which the Government is now embroiled. The circumstances are: Ø Members on both sides of the aisle in the House of Parliament are said to be in possession of dual citizenship – particular valid US passports and have travelled on such since Nomination Day. Ø A number of election petitions regarding the qualification/disqualification of successful candidates are pending in the courts Ø Some Members of the House have taken steps in the revocation process; some have remained silent, hoping that their dual citizenship status cannot be proved via evidence admissible in a court of law. The Prime Minister faces a political dilemma. Ø Does he wait until the court actions have been exhausted? Ø Does he enquire into the citizenship status of all JLP Members of Parliament? Ø Does he play for time by calling a...