Devon Dick

Kern Spencer, former minister of state in the ministry of energy, is scheduled to attend court this week on some serious charges concerning his handling of the energy and cost-saving bulbs.

Spencer took leave of absence from Parliament when the contractor general's report alleged that there were breaches of the procurement rules and suggested cronyism and nepotism and less than candid answers. Since the police have laid some charges against him and he is about to start the trial, it seems that another step should be taken, that is, he should resign as member of parliament.

Resigning is not an admission of guilt but is an acknowledgment that serious charges have been laid by independent bodies such as the office of the contractor general and the police. It is also an attempt not to bring the office of member of parliament into disrepute.

It is an admission that the project has fallen into disrepute. It would show to the Cuban Government that there is regret at the turn of events. It is an admission that mistakes have been made even if they were not criminal.

Furthermore, Rodney Salmon, former director of administration and corporate secretary of PCJ, has lost his job because of the affair. If Spencer keeps his job it would mean that a politician did not lose his job but a citizen lost his over the same affair. I am assuming that the board of the PCJ followed natural justice and allowed Salmon to respond to the charges. And that Salmon's alleged breaching of those three Acts did not warrant a criminal investigation. We must be careful that everybody is treated equally.

It seems that the dismissal of a worker and the non-dismissal of a politician over the same affair shows up a weakness in our Parliament. In addition, a censure motion can be brought against a member of parliament that could suspend and dismiss a legislator even before it reaches the court.

This court case could outlast Spencer's term as member of parliament and it would be unfair to the people of St Elizabeth to be represented by someone who is distracted by serious criminal charges. Will he remain as a member of parliament even if the case goes to the Privy Council based on innocent until proven guilty? Ronnie Thwaites resigned from Parliament over allegations of misconduct although there was no criminal charge brought against him! Kern needs to follow Ronnie's example.

Generous

The people's business should not be deferred for any extended period. The constituency has been generous to Spencer but it is unreasonable to expect the residents to be without adequate representation for an extended period. This case will probably last longer than the time allotted for leave of absence, therefore, it is time to resign.

In any case, Spencer should have responded to the charges in Parliament. It is untenable that the leadership of the PNP told him not to open his mouth in Parliament in order to defend himself. The major thing that the public has are the charges laid by the police and contractor general!

Some will argue that if Spencer resigns and he is found not guilty then, what next? What if the charges were fabricated or exaggerated? It means that after his crucifixion he would have a resurrection. He would walk away without any charges and he would return as a hero. He would be vindicated like an Alexander Bustamante. So either way the best thing is for Kern Spencer to resign.