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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.

Saturday, November 29, 2008

Abject Alfred

Alfred Sangster has filed an affidavit in defence of the PM and AG in the litigation brought against them by his erstwhile PSC colleagues.

The affidavit can be found at: http://www.scribd.com/doc/8526690/Alfred-Sangsters-Affidavit.

Sangster's affidavit demonstrates a comprehensive surrender of whatever was left of his backbone and indeed another part of his anatomy that is associated with manhood.

Sangster's affidavit largely elaborates on his earlier public excoriation of his PSC colleagues. Some of the salient elements of his affidavit are as follows:



1. Sangster supported Vasciannie's appointment as SG until his 'discovery' of Vasciannie's 'dead cat' comment. According to Sangster, he was unaware of this comment until he read about it in a Mark Wignall column published in December 2007.

2. After a round of meetings with the PM/GG, he claims that he prepared a letter of resignation dated November 26, 2007 (before seeing the dead cat comment, but was persuaded not to proffer it because of the implications of his "JLP" name. At paragraph 14, Sangster states that he supported Vasciannie's nomination until he discovered the dead cat comment. At a meeting of the PSC on November 26, 2007, Sangster confirms that he was part of a unanimous recommendation to affirm Vasciannie's nomination as SG.

3. Sangster claims that he tried to persuade his colleagues to reconsider Vasciannie's nomination in light of the dead cat comment, but without success. Incredibly, Sangster claims that Vasciannie had an obligation to disclose the dead cat comment, despite wide publication of the comment in 2002 in Vasciannie's own column in the Gleaner.


4. Sangster accuses Pauline Findlay of being "high-handed" in refusing to reconsider the nomination of Stephen Vasciannie (in light of the objections of the PM). For Sangster, Pauline Findlay's position established the PSC's position of "arrogance and non-retreat". Sangster states that Pauline Findlay's 'high-handedness' occurred at a meeting of the PSC on October 31, 2007 (following a meeting on the same day between the PSC and the PM).

5. Sangster further accuses the PSC of improper conduct in failing to reinstate Lackston Robinson in his position at the AG's Chambers. Sangster was not a member of the PSC when the Supreme Court quashed Robinson's retirement in the public interest. Sangster claims that the PSC's attempt to assign Robinson to the Tax Administration Department was "an attempt to circumvent the judgment of the Court".

6. Ultimately, Sangster accuses the PSC of misbehaviour for (a) their "arrogant position" to the Prime Minister "and in the decisions they made"; (b) their conduct with respect to Lackston Robinson. Sangster concludes that "it was unthinkable for me, and still is to become embroiled in a legal suit against the Prime Minister and tangentially the Governor General, which is in my opinion not in the public interest."


I so hope that the Claimants will ask for Sangster to be produced for cross-examination. It is quite obvious that Sangster was cowed by the PM's displeasure, forgetting (?) that the PSC doesn't exist to rubber stamp the directives of the executive arm of government. This is clearly revealed by Sangster's characterization of the PSC as arrogant for refusing to bow to the PM.

Sangster shamelessly parades the 'dead cat' comment as justification for reconsidering Vasciannie's nomination, despite the fact that he had endorsed Vasciannie even after his supposed letter of resignation of November 26, 2007. Sangster's discovery of the dead cat comment can after the meeting of November 26, 2007. What then was the reason for threatening to resign at a time when he was unaware of the comment, and indeed had already endorsed Vasciannie? Sangster himself says that he only changed his mind about Vasciannie after the dead cat comment (paragraph 14). Of what relevance was a five year old comment to Vasciannie's qualifications for the job of SG? Is Sangster saying that any criticism of politicians disqualifies competent professionals from holding positions in the public service??

If Sangster was so uncomfortable generally about the behaviour of the PSC, why didn't he simply resign without more?

The PSC's role in the Robinson litigation is one of the grounds of "misbehaviour" cited by the PM in firing the PSC members, including Sangster. As a matter of pride, one might have thought that Sangster would object to being indicted for misbehaviour, together with his former colleagues. Instead, Sangster ends up condemning his colleagues (and himself by extension), by obsequiously parrotting the PM's indictment of the PSC. Apart from this, Sangster wasn't part of the PSC at the time of the adverse judicial review against the PSC. On what moral or legal authority does Sangster pontificate on the implications of the ruling or the PSC's decision to transfer Robinson elsewhere?


In my view, the only PSC member guilty of 'misbehaviour' is Sangster himself. As a member of the PSC, he was obliged to exercise constitutional authority independently of the views or preferences of the Prime Minister or his surrogates. He was likewise obliged to exercise his authority unfettered by irrelevant, and indeed irrational considerations such as Vasciannie's so-called 'dead cat comment'. Sangster has revealed himself to be little more than a cowardly mouthpiece for the JLP government. In plain terms, Sangster is a damn disgrace, an embarrassment to the office that he held, and indeed to the national honour he holds.
















2 comments:

Anonymous said...

Just came upon this. Couldn't finish after......manhood.

Laugh till I cried.

One love

Daille

Hilaire Sobers said...

Many thanks Daille, glad to provide a source of mirth!

Hilaire