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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.

Monday, March 31, 2008

The other Jamaican newspapers follow suit

I gather that the Daily Gleaner and the Sunday Herald have followed the Jamaica Observer in distancing itself from James W. Smith's letter regarding the cancellation of the acting appointments of Nicole Pusey-Foster and Lackston Robinson. I cannot believe that every major paper in Jamaica opted to accept the word of Amb. Donald Rainford without question or investigation. The abject cowardice of the media apparently knows no bounds.

In fairness to the Observer, I have heard from one of the editors who has taken the point that the Observer should not have issued a disclaimer in light of the clear evidence available that demonstrates approval for the acting appointments was given and then withdrawn.

Some have suggested that the Amb. Rainford should be taken as saying that the acting appointments were made by the Chief Personnel Officer without the express authorization of the new PSC. However, in the disclaimer by the Observer (which I assume was replicated by the other newspapers), it is clear that Amb. Rainford's position is that no recommendations for the acting appointments were ever made, much less approved or disapproved. This simply does not square with the evidence. When I appeared on Nationwide News Network last week, Emily and Naomi were trying to push the idea of the CPO going on a frolic of her own, as if to imply that she requires express authorization for every personnel decision she makes in the name of the PSC.

Given the posturing of the Attorney General, and her clear intent to micro-manage personnel decisions in the AG's Chambers, I am all the more astonished by the media's handling of this issue. It's a damn disgrace.

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