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The rule of law in Jamaica is under serious threat, following the government's opposition to the appointment of Stephen Vasciannie as Solicitor General of Jamaica, and its subsequent dismissal of the Public Service Commission for alleged "misbehaviour".

Under Jamaica's constitution, the Public Service Commission has the exclusive authority to select persons for appointment to positions in Jamaica's civil service. The Solicitor General is one such position. The Solicitor General has overall administrative responsibility for the running of the Attorney General's Department. The Attorney General is appointed directly by the Prime Minister, and is therefore a political appointee.

In October 2007, Stephen Vasciannie was selected by the PSC for appointment as Jamaica's next Solicitor General. Contrary to Jamaica's constitution, Prime Minister Bruce Golding opposed the selection of Stephen Vasciannie as Jamaica's next Solicitor General. When the PSC refused to back down from its recommendation of Stephen Vasciannie, the PM dismissed the members in mid-December 2007. The Prime Minister claimed that he was dismissing the PSC members for "misbehaviour". Dismissal for "misbehaviour" is possible under Jamaica's constitution. However, the grounds of misbehaviour cited by the PM appear at best to be tenuous, and at worse, a cynical attempt to corrupt the autonomy of the PSC. The dismissal of the PSC has been challenged in the Jamaican courts by the Leader of the Opposition. I note with satisfaction that four of the five PSC members filed suit against the Prime Minister at the end of January 2008. Unfortunately, full trial is not scheduled until December 2008, primarily, if not solely, at the behest of the lawyers representing the AG and PM. In this respect, I do believe that the judiciary has dropped the ball in allowing the hearing to be deferred for so long.

[Editorial note-December 08, 2008- the litigation has now been settled]

I will post a number of news paper stories and articles that have been published on this issue, as well as other relevant information, such as the constitutional provisions that govern the PSC. I will also offer commentary from time to time on developments as they arise.

Most importantly, I do hope that interested Jamaicans and others will use this blog as a forum for the exchange of information and views. Needless to say, disagreement is more than welcome, but not disrespect.

Friday, March 14, 2008

More turbulence in the AG's Chambers

The Attorney General has reportedly blocked the appointment of Nicole Foster-Pusey as acting Deputy Solicitor General. Mrs. Foster-Pusey, the Director of Litigation at the AG's Chambers was recommended for the appointment by the acting Solicitor General, Patrick Foster, QC. According to a news report, Mr. Foster's recommendation was initially approved by the new PSC. The appointment should've have taken effect on March 10, 2008. The PSC subsequently withdrew its approval, apparently after the Attorney General objected to the appointment.



Based on previous news reports, Nicole Foster-Pusey has not enjoyed a cordial relationship with the Attorney General. The AG has reportedly attempted on more than one occasion to interfere directly with the discharge of Mrs. Foster-Pusey's professional functions. One reported example is the AG's insistence on dictating the submissions to be made by Mrs. Foster-Pusey in an electoral case. Apparently, Mrs. Foster-Pusey is not seen as 'loyal' to the Attorney General. I would not be surprised if Patrick Foster's resignation was partly influenced by the AG's obstruction of Mrs. Foster-Pusey's appointment.

Not surprisingly, the new PSC appears to be deferential to the wishes of the AG. After all, I am sure Amb. Rainford, et al hardly wish to suffer the same fate as Daisy Coke, et al, who dared to stand up for principle.

The integrity and reputation of the AG's Chambers continues to be assailed by the current Attorney General. It still blows my mind how blatantly partisan the AG has conducted herself, largely unchallenged by public opinion. I expect that any time soon, Douglas Leys will be appointed the new Solicitor General. How he will contend with a partisan AG remains to be seen. With respect to Douglas, I am still mystified that he would insert himself in that mess. Perhaps he has correctly gauged the temperature of political and public opinion, and calculates that only a minority of persons will perceive him as a political hack. So it is.


Posted by Hilaire Sobers at 12:14 PM

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