Devon DickTHE JLP has been given bad advice by those who represented their interests at the Commission of Enquiry into the upsurge in violence in West Kingston. The lawyers have drawn bad card and disappointed the nation. This strategy makes little sense legally or politically. This might just be one boycott too many.
This Commission has the awesome responsibility to investigate, among other matters, money laundering, gun smuggling, narcotics trade and to make recommendations based on the findings. The importance of this commission cannot be over-estimated. There is at present nothing that threatens the viability of Jamaica as gun violence, the drug trade and the factors and people that support this illegality. Even if all the allegations of the lawyers were true it would amount to a domino player drawing a bad hand and that player needing to play for his or her partner in order to win. The skilful player has to use what is given and play the game.
The lawyers however, having been under pressure because of the damaging testimony of the security forces and independent media workers, have quitted instead of acquitting themselves nobly. It is like a domino player staring at six-love and decides to colt the game. The lawyers representing the Public Defender's Office and the Attorney-General's Office have disagreed with the Commission's intentions to limit cross-examination to one hour but they have not abandoned ship. In fact, they have done cross-examination that went over that limit.
Furthermore, nobody agrees with every rule but the buck must stop somewhere. It stops with the judge and never lawyers. So lawyers must play by the rules, even bend the rules but never break the rules.
The JLP lawyers appealed to the Chief Justice and lost the case and instead of appealing to the Privy Council they tried to colt the game by withdrawing their services. They could have tried to change the minds of the Commissioners who have showed a willingness to listen and change their positions. The Commissioners had earlier said that there would be no television broadcast of the hearings and after objections and representations by lawyers they rescinded that decision. The Commissioners can be swayed and any lawyer worth his or her salt would relish the challenge.
Johnnie Cochrane is considered a great advocate because he took on the white establishment and popular sentiment that O.J. Simpson was guilty of double murder and won. The lawyers have abandoned the Rt. Honourable Edward Seaga. Somebody needs to represent the interests of the leader.
Some serious allegations have been made against the leader that need to have a response. The leader was said to have offered safe passage to Senior Superintendent Reneto Adams but Adams claims that it was a ploy.
The Commissioner of Police has also claimed that the MP for West Kingston declined the offer to walk with MP for South St. Andrew and the Security Forces to try and defuse the tension. There was the accusation that a rocket launcher was fired from Tivoli against the security forces.
Derrick Smith, the National Security Minister-in-waiting, has claimed that the two security officers were possibly killed by friendly fire. The Police Federation has raised issue with that statement. To accuse her Majesty's Loyal Opposition on those matters has far reaching implications and responses are necessary as it would be contemptuous of the Jamaican people not to be offered a credible alternative.
These most learned lawyers must defend their clients even against great odds. Furthermore, this action could plunge Jamaica into a political crisis. The Commission has the right to subpoena Edward Seaga and Derrick Smith and they would not have the benefit of counsel. And if the Opposition Leader refuses to appear and is charged, can you imagine the hell and powder house that would let loose in this land we love? On the other hand if he appears, then as the deejay Anthony B states, there is one law for the rich and one for the poor, one for Kingston and one for Portmore.
The Chairman of the Commission of Enquiry had a puss nap and when he was wide awake the following morning he should have apologised and pledged that there would not be a re-occurrence. It was most unfortunate and impolite for no word of apology to have been given. Fortunately, no harm will be done because the evidence would have been captured.
In a Gleaner article on July 31, 2001, I criticised the PM for asking a foreigner to head the Commission. It stated, "The recently established Commission of Inquiry into violence in Western Kingston is going to face the same criticism because somebody will not like the findings. It is therefore, disappointing that as the nation celebrates another 1st of August the locals have been so maligned that only a foreigner could head the Commission of Enquiry for it to be independent. This is a sad state of affairs because there are competent and just persons in Jamaica who could head the Enquiry. It is alarming that the JFJ (Jamaicans for Justice) should take credit for calling for a foreigner and the PM has obliged." Enough said!
I have read the three-man report of the Commission of Enquiry into the Morant Bay Rebellion and I disagreed with some of the verdicts made by the Commissioners. However, this does not mean they were not persons of integrity. Two sincere persons can review the same evidence and come up with different conclusions. In addition, judges make mistakes and that is why there is a Court of Appeal and then a Privy Council. The lawyers need to return to the contest of defending their clients at the Commission of Enquiry.
The Rev. Devon Dick is pastor of the Boulevard Baptist Church, in St. Andrew.
