The Observer drops the ball on the Foster-Pusey/Robinson acting appointments

In today's Observer, March 29, 2008, there is a disclaimer that reads as follows:

THE Observer wishes to advise our readers that in a letter to the editor published in our March 26, 2008 edition the author, James W Smith, stated that:

“The most recent of these developments has been the rescinding of the promotion of a senior staff member by the Public Service Commission only days after the same PSC had approved the recommendation. The public has also learnt of the resignation of the acting solicitor general with over a year on his contract, and the non-renewal of the contract of the deputy solicitor-general, Professor Stephen Vasciannie.

It is of grave concern that the newly appointed PSC could approve a recommendation from the acting solicitor-general for the promotion of a senior staff member and then days later rescind the same appointment.

The PSC owes an explanation as to the “extenuating” circumstances that arose in those days that caused such a reversal. I hope that the new PSC, comprising individuals with the highest levels of integrity, did not bow to political pressure on this issue. Could this be the reason for the acting solicitor-general’s resignation? And what of the future of that staff member who must be highly embarrassed by the course of these events?”

The chairman of the PSC, Donald Rainford, categorically denies this accusation and accordingly advises that no such recommendation was sent to the PSC, no such appointment was made by the PSC and consequently no such appointment was rescinded by the PSC.

Except for the views expressed in the Editorial column, the articles published in our editorial section do not necessarily represent the views of the Jamaica Observer.


The disclaimer can be found at: http://activepaper.olivesoftware.com/Repository/ml.asp?Ref=Sk1PLzIwMDgvMDMvMjkjQXIwMDQwMw==&Mode=HTML&Locale=english-skin-custom




In issuing this disclaimer, the Observer appears to have simply took the PSC Chairman at his word, without any journalistic inquiry of the relevant players, namely, the acting Solicitor General and the Chief Personnel Officer. Had the Observer probed more deeply, or at all, it would have discovered two letters written by the CPO. I have posted these letters under the heading "Useful links". You can otherwise access them at:

http://www.scribd.com/doc/2402712/-letter-of-Chief-Personnel-Officer-approving-acting-appointments-270208

http://www.scribd.com/doc/2402711/-letter-of-Chief-Personnel-Officer-cancelling-appointments-030308


These letters plainly evidence the approval of the acting appointments of Nicole Foster-Pusey and Lackston Robinson (on February 27) and the later cancellation of the appointments less than a week later on March 3, 2008.

I am quite ashamed of the Observer for so abjectly accepting the PSC Chairman's denial without any further inquiry. It is all the more egregious, given that the correspondence between the acting Solicitor General and the CPO was openly discussed by Emily Crooks and Naomi Francis on their programme on NNN earlier this week. There really is no excuse for this shoddy and quite spineless journalism.

James W. Smith, the letter writer, has protested to the Observer, and I have supported him in this regard. I reproduce the relevant emails for your information:


James Smith's email of March 29, 2008

----- Original Message ----
From: James W. Smith
To: Vernon Davidson ; Desmond Allen ; Editorial Observer
Sent: Saturday, March 29, 2008 2:01:16 PM
Subject: Ja Observer: Correction & Disclaimer - PSC & Atty General's Dept


Dear Editor
I note with interest on Page 4 of the Daily Observer of Saturday, March 29, 2008 that you issued a disclaimer and apology with respect to a letter I sent you on issues at the Attorney General's Dept.
The disclaimer raises more questions than answers and I urge you to continue to pursue the matter.
Facts
1) The Chief Personnel Officer or Scty to the Public Services Commission (someone who has acted in this position for many years) wrote a letter under her signature to the acting Solicitor General Patrick Foster approving the recommendation for the appointment of Nicole Foster-Pusey.
Subsequent, the same person wrote another letter in which she stated that "she was directed" to inform that the recommendation was rescinded.

This letters can be obtained under the Access to Information Act.

Questions
1) On whose authority/instructions would the Scty to the PSC approve such a recommendation? Are we to understand that she acted on her own, without consultation with the chairman or any of the members of the PSC?
Is it standard procedure for the Scty to the PSC to do this without consultation as the chairman of the PSC is suggesting?
2) Is it merely coincidental that the same day the initial letter approving the recommendation of Mrs. Foster-Pusey was sent to the acting SG, that the Attorney General, Dorothy Lightbourne would call Patrick Foster - the acting SG and "cuss" him off for making that recommendation without her consultation or input?
Did the chairman of the PSC not know of this?
3) If as we are being made to believe, that the Scty to the PSC acted on her own, why then would she issue a letter of revocation of an appointment indicating that she was "directed to". Directed to by whom? Since the AG can't or better still shouldn't direct the Scty of the PSC, then who did.
4) Is it of any interest to the public that the acting SG Patrick Foster has resigned? Does anyone care why he has resigned?

I am afraid that a game is being played out here, where the Scty of the PSC is being made out to have acted on her own on this issue and will be used as a scapegoat to cover up the most blatant political interference that this country has ever seen by an Attorney General.
If anybody listened to Nationwide Radio over the last week on this issue, the "wicket is being prepared and rolled" for such an outcome.

These matters are of public interest and must be pursued.
I don't expect this letter to be published but I expect the Observer as an independent newspaper to pursue the truth on this issue.
Of note and interest, my letter was sent to all three newspapers (Gleaner, Observer and Herald) published by all three and the Observer is the only one that has issued a retraction and disclaimer.



Regards,
James


My email of support of March 29, 2008 (addressed to Vernon Davidson and Desmond Allen of the Observer)
Desmond & Vernon,

I must support James Smith on this issue. I take strong exception to your correction/disclaimer. Undoubtedly, there are serious questions to be asked about this issue. Given this, I am astonished that the Observer chose instead to issue a disclaimer, based solely on a denial by Amb. Rainford. Perhaps you are not aware of this, but Nationwide News Network 'published' the correspondence between the Chief Personnel Officer and the acting Solicitor General on this issue. For reference, here's my blog commentary on the issue: http://vasciannie-psc.blogspot.com/2008/03/nnn-this-morning-programme-and-ags.html. Essentially, if one is to follow your disclaimer, there was never any recommendation by the acting SG, and therefore nothing to be approved or rescinded. This cannot fly based on the facts that are already known and in the public. Any responsible newspaper has an obligation to do more than simply accept uncritically the assertions of the PSC chair.

If we cannot rely on the media to probe the questions raised by James Smith, we are in more serious trouble as a nation than I thought.

Best,

Hilaire