THE MOTION brought by two directors of the lobby group Jamaicans for Justice and a member of a Rastafarian group who are seeking declarations from the Supreme Court that the Commissioner of the inquiry into the prison disturbance of May 21 and 22 had no power or authority to prevent them from taking notes, was put off on Thursday until next week Thursday. This is to allow the Attorney-General to file affidavits in response to the applicant's claim.The applicants are contending that on June 13 and 14 the sole Commissioner Mr. Justice Lloyd Ellis directed that they should not take notes of the proceedings.
Dr. Carolyn Gomes, a director and chair person for Jamaicans for Justice and Susan Goffe, a teacher who is a director of Jamaicans for Justice and Madge Hylton, a member of the "Haile Selassie I Theocracy Govern-ment", which is a Rastafarian organisation are asking the court to make two declarations in respect of the ruling.
They are asking the court to make a declaration that upon a true construction of the Commis-sions of Inquiry Act, a Commis-sioner appointed under that Act has no power or authority to prevent members of the public who attend public sessions of the inquiry from taking notes of the proceedings.
They are also asking the court to declare that the ruling made by Mr. Justice Ellis prohibiting the taking of notes by members of the public of the proceedings is null and void and of no legal effect.
When the motion came for hearing yesterday before Miss Justice Gloria Smith, an application for an adjournment was made by Lackston Robinson, Senior Assistant Attorney-General who represents the Attorney-General who is the defendant. Mr. Robin-son said he needed time to allow him time to get affidavits from Mr. Justice Ellis and Hugh Sal-mon, Senior Assistant Attorney-General who is marshalling the evidence at the inquiry. Mr. Robinson said that since Monday he made attempts to get the affidavits but because the Commis-sion was held daily until between 4 to 4.30 p.m., efforts to get the affidavits were unsuccessful. He said arrangements were made to get the affidavits yesterday. He said it was important to get the affidavits to have a fair determination of the matter.
Hugh Small, Q.C. who represents Gomes and Hylton said he would not object to the application but he pointed out that the matter was one of urgency and public importance. He said it was desirable that the matter be listed for next week.
Dr. Gomes states in her affidavit that on June 14 she attended the inquiry which was being held at the Methodist Church Hall, Spanish Town, St. Cathe-rine. "I took a seat in the hall and shortly afterwards I was approa-ched by a policeman in khaki uniform who said "Dr. Gomes notetaking is not allowed." She said she did not take any notes at that time. After the first break in the proceedings attorney-at-law Clyde Williams who represents the Jamaicans for Justice made submissions to the Commissioner asking him to reconsider his ruling made the day before that no notes were to be taken except by lawyers and the press but the Commissioner did not change the ruling.
When the proceedings began she said she began to take notes and within a few minutes the same policeman approached her and asked her if she was taking notes. She said she replied "Yes, I am taking notes on behalf of Jamaicans for Justice for a newsletter. He then asked her for the notebook which she gave him. Dr. Gomes said Susan Goffe who had also started taking notes was asked to give up her notebook. She said she told the policeman that the book belonged to her and the only thing he could do was to remove the relevant notes. The policeman tore out the pages with the notes and handed back the note book. The policeman gave the notes to Mr. Salmon of the Attorney General's Department and Mr. Salmon asked to meet with the Commissioner in Chambers. She said after consulting with Mr. Williams outside the Church Hall she went to the area where the policeman was and he handed over the notes which he had torn from her note book and also handed over Mrs. Goffe's notebook.
Hylton said her notes were taken away on June 13 but they were handed back to her the next day.
Attorney-at-law Sharon Usim is appearing with Mr. Small for Dr. Gomes.
Mr. Small and attorney-at-law Clyde Williams are representing Hylton.
Dennis Goffe, Q.C. is representing Susan Goffe and attorney-at-law Clyde Williams is appearing with him.
