The Editor, Sir:

With respect to the current impasse between the Public Services Commission and the Government, Ken Jones has taken issue with Hugh Smythe for having "difficulty understanding the difference between being critical of the Jamaican Constitution and being disrespectful". It seems that Mr. Jones appears to have similar difficulty in making this distinction. Confusion between fact and fiction also appears to afflict Mr. Jones in this matter.

On November 18, Ken Jones vociferously charged that Prof. Vasciannie had advised the previous government to withhold cooperation from the Government of the Netherlands with respect to a proposed investigation into the Trafigura affair.

In a letter to the editor of November 25, Patrick Foster, Q.C., the acting Solicitor General, clearly established that Prof. Vasciannie had done no such thing. In simple terms, Prof. Vasciannie, acting on behalf of the Attorney-General, merely advised the Director of Public Prosecutions (DPP) on the international and domestic law governing the provision of legal assistance to the Netherlands authorities.

Lack legal authority

In short, Prof. Vasciannie advised the DPP that without a requisite ministerial order, the DPP would lack the legal authority to accede to the request of the Netherlands government (to initiate an investigation in Jamaica with respect to the Trafigura affair).

Prof. Vasciannie advised that there was no existing ministerial order, and accordingly, no authority for the DPP to process the request from the Netherlands. In advising the DPP, Prof. Vasciannie did precisely what was expected of him as Deputy Solicitor General.

Unless Mr. Jones is contesting the factual basis of Mr. Foster's letter, I think that Mr. Jones should be focusing a little less on Hugh Smythe's lack of respect, and focus a bit more on remedying his own deficiencies in this regard.

The imperative of decency should, I would hope, induce Mr. Jones to put aside his confusion between fact and fiction and apologise.

I am, etc;

O. HILAIRE SOBERS

ohilaire@yahoo.com