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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.
Showing posts with label R.N.A. Henriques. Show all posts
Showing posts with label R.N.A. Henriques. Show all posts

Sunday, August 10, 2008

Plums for the boys?

In this year's Independence honours, the government has conferred the Order of Jamaica on Mr. R.N.A. Henriques "for contribution to the legal profession". According to David P. Rowe (in the Sunday Herald of August 10, 2008) this award is "richly deserved". Prof. Rowe praises Mr. Henriques for being "a mentor to junior lawyers in our jurisdiction", and that "Senior politicians, oil companies and high net worth individuals have properly trusted their legal business to him". Prof. Rowe also cites Mr. Henriques' "extensive Privy Council experience" as "an attribute which few Jamaican practitioners can overcome".

I am not sure why extensive Privy Council experience is something to 'overcome', but I digress.

What Prof. Rowe does not mention in his panegyric, is that Mr. Henriques appears to be the personal lawyer of the Prime Minister. Mr. Henriques heads the legal team defending the PM and the AG in the litigation initiated by Daisy Coke, et al to challenge their dismissals.


On appearance alone, it is difficult to resist the cynical conclusion that Mr. Henriques is being honoured more for his loyalty than his track record at the Bar. While Mr. Henriques is undoubtedly an able lawyer, I can't see anything in his resume that particularly distinguishes him from the rest of the legal profession. Certainly, Mr. Henriques has largely been a preserver of the status quo; there is nothing that I can attribute to him that has been in any way ground-breaking or which has palpably advanced the legal profession as a whole.

The award of OJ to Mr. Henriques reminds me of the OJs conferred by the PNP government on David Coore, Winston Jones, and Ralph Brown. On the face of it, the OJs were just plums for the boys more for for loyalty than national contribution. I am not saying that Mr. Henriques is a party hack. I am simply saying that I see nothing in his resume to merit the award, other than his connection to the Chief Servant.









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Posted by Hilaire Sobers at 10:02 AM 4 comments

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