Heartiest congratulations to Paula Llewellyn on being named Jamaica's first female Director of Public Prosecutions. http://www.jamaicaobserver.com/news/html/20080304T200000-0500_133195_OBS_FIRST_WOMAN_DPP_.asp
Undoubtedly, Paula has earned this appointment with her track record of professional excellence as a prosecutor. According to recent news reports, Paula was one of four women interviewed by the new PSC. The others were Marlene Mallahoo-Forte, Vinette Allen-Graham, and Lisa Palmer. Earlier news reports had suggested that Hugh Wildman and Terrence Williams had also been shortlisted for interviews, but apparently this was not the case.
While I hardly want to rain on Paula's parade, my concern is that if the pending litigation by Daisy Coke, et al is successful, this could have adverse implications for decisions of the new PSC, including its recommendation of Paula as the new DPP.
We shall see.
Welcome to my blog
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.
Wednesday, March 5, 2008
Congratulations to Paula Llewellyn
Posted by
Hilaire Sobers
at
10:05 PM
0
comments
Labels: "New" PSC, Commentary, DPP, Paula Llewellyn
Saturday, January 19, 2008
Response from a reader to my article in today's Observer
I had a response to my article on the AG, which the sender has kindly allowed me to share with you anonymously. The response is extremely instructive on the attitudes of successive governments to justice, and criminal justice in particular.
Email of January 19, 2008 from a reader
I am happy you wrote this article because as I understand it the AG's staff is very disgruntled and for too long in the Ministry of Justice the laws have been ignored and staff treated in the most unjust manner thinkable.
You may have noticed sometime last year when vacancies for Clerks of the Courts were being advertised, included in the job description of the Clerk was the duty to contact witnesses. Whereas (as a former prosecutor) I chose to do so because of the dishonesty of the police, it is not the DUTY of the Clerk. It is the duty of the police. Having to call all witness wastes valuable time that could be best spent properly preparing for trial, soemthing the Jamaican prosecutor does not have the benefit of. The Minister of Justice (present and past) and the the Permanent Secretary are merely paying lip service to justice. While they are busy "majoring in the minor" crime is on the increase because of the inexperience of the prosecutors, the lack of resources, lack of time to properly prepare for each case and the volume of work to be prepared each night! Many a prosecutor at the DPP's office today lament the fact that they want more time to prepare but how can they when the roster has them in court "back to back?"
The attitude of the current Permanent Secretary towards Legal Officers in the Ministry of Justice is summed up in her comment at a Prosecutor's seminar some 2-3 years ago "Lawyers are a dime a dozen." Consequently the people of Jamaica are receiving "dime a dozen justice"!
Before I resigned from the DPP's office one IMPORTANT issue for determination (which I am advised) recently resurfaced was the need to have Crown Counsel sign a register!
Somehow I blame the Legal Officers for the treatment meted out to them. The fear of being penalised has caused them to forget they are adults first of all and COUNSEL!!!! I recall telling the P.S. at a meeting where she said she intended to have Crown Counsel sign an attendance register "Madam P.S. while you contemplate introducing the attendance register, kindly contemplate my overtime payment for the preparation I do every morning and evening before and after court weekends included, because if you introduce the attendance register I certainly will not be reading any files at home!" The room full of prosecutors remained silent. No one wants to stand up for their own rights but I do believe that when respected counsel comments on the issues from a legal standpoint it is appreciated.
Posted by
Hilaire Sobers
at
1:15 PM
3
comments
Labels: Attorney General, DPP, Ministry of Justice