Chronology of PSC/Vasciannie issue to January 12, 2008

A very diligent friend of mine has compiled a superb chronology of events surrounding the PSC/Vasciannie issue, which I share with you.







Sept. 3, 2007 General Election held in Jamaica, leading to a change of government.

Oct. 2, 2007 The Public Service Commission interviews three candidates for the post of Solicitor General (Stephen Vasciannie, Patrick Foster and Douglas Leys). The members of the interviewing panel are Daisy Coke O.J., Mike Fennell O.J., Pauline Findlay, John Leiba (President of the Jamaica Bar Association) and Carlton Davis O.J. (Cabinet Secretary). The members of the Public Service Commission who do not take part in the interviewing process are Edwin Jones O.J. and Alfred Sangster O.J. Later in October, there are unconfirmed reports that the Commission recommends Stephen Vasciannie for the post and sends their recommendation to the Governor General of Jamaica, Sir Kenneth Hall. There are also reports that Attorney General Dorothy Lightbourne objects to Vasciannie’s nomination because, she says, he is not a seasoned litigator.

Oct. 31, 2007 Michael Hylton’s resignation as Solicitor General takes effect. After a few days, Patrick Foster is asked by the Public Service Commission to act as Solicitor General, and he accepts.

Nov. 22, 2007 The Gleaner publishes an editorial under the heading “Fundamental issues at stake”, in which it considers the 1975 Australian constitutional crisis and links this to the efforts by Prime Minister Golding to dismiss the Public Service Commission and to the decision of the Opposition to withdraw from the Vale Royal talks. The Gleaner also publishes a letter headed “A mere red herring” by “Amused but getting increasingly cynical”, which argues that Stephen Vasciannie is very qualified for the post of Solicitor General.

Nov. 25, 2007 The Gleaner publishes a letter by Patrick Foster, Acting Solicitor General, which sets out the context of the Trafigura opinion written by Stephen Vasciannie, and argues that the opinion is in accordance with Jamaica’s domestic and international legal obligations.

Nov. 26, 2007 The Gleaner publishes an editorial under the heading “When the Constitution is not a shackle”, in which it urges Stephen Vasciannie not to withdraw his name from the selection process for the post of Solicitor General.

Nov. 26, 2007 Prime Minister Golding indicates that his administration has “serious concerns” about the processes that were used in the selection of Solicitor General to succeed Michael Hylton. This is reported in the Gleaner of November 27. The Gleaner reports that the Prime Minister may be referring to the possibility of bias against Douglas Leys in the interviewing process. In contrast, one of the members of the interviewing panel of the Public Service Commission is reported by the Gleaner of November 27 as saying that Stephen Vasciannie “was at least 30 per cent better than the other candidates” (“Golding breaks silence on PSC selection process”).

Nov. 27, 2007 The Gleaner publishes a letter headed “PM’s role in appointments” by Ken Jones, which responds to an earlier letter from Hugh Smythe and suggests that “the Attorney-General and the Prime Minister should have an overriding influence in the choice of Solicitor-General”.

Nov. 28, 2007 The Gleaner publishes a letter headed “Tangled web in PSC issue” by Karen Morin which notes problems with the approach taken by the Government with respect to the Public Service Commission.

Nov. 29, 2007 The Gleaner publishes a letter headed “Ken Jones is confused” by Hilaire Sobers, which demonstrates problems in Ken Jones’ reasoning concerning the Trafigura opinion and notes that Mr. Jones has difficulties making certain basic distinctions.

Nov. 30, 2007 Attorney General Dorothy Lightbourne discusses aspects of the opinion given by the Attorney General’s Chambers on the Trafigura matter in the Senate, indicating that the opinion was written by Stephen Vasciannie. Former Attorney General A.J. Nicholson criticizes Attorney General Lightbourne for identifying the source of the opinion as inappropriate conduct.

Dec. 2-8, 2007 The Sunday Herald publishes “Vasciannie’s Advice to the DPP” as its Letter of the Week: this letter indicates that the Dutch authorities were not authorized to undertake investigations in Jamaica as the required Ministerial Order had not been made by the then Government of Jamaica.

Dec. 2, 2007 The Sunday Gleaner publishes “Prime Ministerial arbitrariness” by Dawn Ritch, which criticizes David Wong Ken’s view that Stephen Vasciannie should withdraw his application for the post of Solicitor-General; in making her argument, Dawn Ritch relies on points made by Hilaire Sobers on the Breakfast Club.

Dec. 2, 2007 The Sunday Observer reports on proceedings in the Senate under the heading “Opposition objects to Vasciannie’s name being called in Senate: ‘When advice comes from the attorney general, you don’t call the name of the person who gives the advice’ – AJ Nicholson”. The Sunday Observer publishes an article by Mark Wignall entitled “Election win, but little power”, which anticipates various criticisms about the work of the Public Service Commission and its nomination of Stephen Vasciannie. The Sunday Observer also publishes an article by Claude Robinson entitled “A constitutional crisis in the making?”, which emphasizes the importance of relying on the rule of law in the assessing the Government’s actions against the Public Service Commission.

Dec. 4, 2007 The Gleaner publishes “Say something Mr Prime Minister” by Vernon Daley, which argues that Prime Minister Golding needs to clear the air on the Public Service Commission’s recommendation of Stephen Vasciannie and criticizes Attorney General Lightbourne for calling Vasciannie’s name in the Senate in connection with the Trafigura opinion given by the Attorney General’s Chambers. The Gleaner publishes three letters on “The PSC/Vasciannie imbroglio”. One is by Hilaire Sobers on Ken Jones’ article pertaining to the Trafigura opinion showing the false premises relied on by Jones (“Ken Jones’ misrepresentation”); another is by Alecia Sylvester setting out the constitutional rules that pertain to the appointment of the Solicitor-General and stating that it would be “highly irregular, and unconstitutional” for the Prime Minister to seek to dismiss the Public Service Commission in the circumstances (“The law is clear and straight”); and the third is by Matondo Mukulu, supporting the Trafigura opinion and criticizing Ken Jones’ earlier article (“Bad journalism”).

Dec. 11, 2007 The Gleaner publishes “Whatever the PM wants” by Vernon Daley, which argues that the candidate’s competence must be the main criterion for the post of Solicitor General and implicitly criticizes Prime Minister Golding on his approach to the recommendation concerning Stephen Vasciannie.

Dec. 11, 2007 The Observer publishes a report on page one by Erica Virtue under the heading “Lawyer, Public Service Commission at loggerheads again”, concerning Lackston Robinson’s reinstatement.

Dec. 13, 2007 Prime Minister Golding seeks to dismiss all members of the Public Service Commission; letters of termination signed by Governor General Sir Kenneth Hall are delivered. The members of the Commission are: Daisy Coke O.J., Michael Fennell O.J., Edwin Jones O.J., Alfred Sangster O.J., and Pauline Findlay. The letters of termination are delivered hours before the Leader of the Opposition applies to the High Court for an injunction prohibiting the dismissal of the members of the PSC.

Dec. 13, 2007 The Leader of the Opposition is granted leave by the High Court to apply for a judicial review of Prime Minister Golding’s decision to dismiss the members of the PSC.

Dec. 14, 2007 The Gleaner publishes a front page report entitled “Gov’t moves to appoint new Public Service Commission”.

Dec. 14, 2007 The Daily Observer publishes a front page report entitled “FIRED! PSC members dismissed before opposition leader able to file injunction”.

Dec. 14, 2007 The Gleaner publishes, as Letter of the Day, a letter from Canute Thompson entitled “What is the purpose of a judicial review?” about the application of the Leader of the Opposition to seek judicial review of the dismissal of the members of the PSC.

Dec. 14, 2007 The Gleaner publishes a letter headed “Who can fire the PSC?” by Bruce McKnight asking about who has the authority to dismiss members of the PSC if not the Prime Minister.

Dec. 15, 2007 The Observer publishes a letter headed “Such arrogance!” by Orville Brown suggesting that the Public Service Commission should give Prime Minister Golding “a free hand to make new appointments” and asserting that Stephen Vasciannie should withdraw his application to be the Solicitor General.

Dec. 16, 2007 The Sunday Gleaner publishes an editorial entitled “Disturbing PSC manoeuvres” criticizing Prime Minister Golding’s dismissal of the PSC and urging Stephen Vasciannie to seek a judicial declaration on his application to be Solicitor General.

Dec. 16, 2007 The Sunday Gleaner publishes “Fiddling while Rome burns” by Don Robotham, which characterizes the dismissal of the PSC as “utterly scandalous”, mentions that the Governor-General could be discredited by the matter, and criticizes “new human rights groups”.

Dec. 16, 2007 The Sunday Gleaner publishes “Taking the PM to court” by Martin Henry, which supports the submission of the PSC matter to court.

Dec. 16, 2007 The Sunday Gleaner publishes “Things look bleak for Bruce” by Dawn Ritch, which argues that Prime Minister Golding has “plunged the country into a constitutional crisis by his arbitrary and authoritarian abuse of power”.

Dec. 16, 2007 The Sunday Gleaner publishes “Termination illness” by Orville Taylor which criticizes the Government for its actions in respect of the PSC (“The Opposition Leader is crying foul, but whether fowl, fish or dead cat, it stinks”).

Dec. 16, 2007 The Sunday Gleaner publishes “’PM acted in bad faith’”, a report by Edmond Campbell on the dismissal of the PSC.

Dec. 16, 2007 The Sunday Gleaner publishes “Where’s the crime plan?” by Kevin O’Brien Chang in which he lends support to the approach taken by Ken Jones in Jones’ Gleaner article dated December 9, 2007.

Dec. 16, 2007 The Sunday Observer publishes “PSC removal looks like old-style politics” by Claude Robinson, critical of Prime Minister Golding’s treatment of the PSC issue.

Dec. 16-22, 2007 The Sunday Herald publishes an editorial entitled “A constitutional crisis”, which argues that the dismissal of the members of the PSC “has landed the country in a constitutional crisis”.

Dec. 16 –22, 2007 The Sunday Herald publishes the first part of “Prime Ministerial Manipulation” by Garnett Roper .

Dec. 17, 2007 The Daily Observer publishes an editorial entitled “PSC squabble weakens PM’s bid for consensus-building”.

Dec. 17, 2007 The Daily Observer publishes “The cat and the albatross” by Jean Lowrie-Chin arguing that in light of his “dead cat” metaphor Stephen Vasciannie sould have “graciously declined being named as the next solicitor general under a Golding-led government”.

Dec. 18, 2007 The High Court issues an order (per Donald McIntosh J) barring Prime Minister Golding from making recommendations to fill vacancies in the Public Service Commission. This order is made following an ex parte application by the Leader of the Opposition. The Gleaner reports this story on page 1 on December 19, 2007 (“PM barred from filling PSC vacancies”); the Daily Observer’s front page story on the matter is entitled “PM Blocked: Court grants injunction preventing replacement of PSC members”).

Dec. 18, 2007 The Gleaner publishes, as Letter of the Day, a letter headed “What is ‘misbehaviour?’” by Hilaire Sobers which discusses the dismissal of members of the PSC in light of the Privy Council case of Julia Lawrence v AG of Grenada.

Dec. 18, 2007 The Gleaner publishes “The addiction of prime ministerial power” by Vernon Daley, which criticizes the dismissal of members of the PSC in the context of proposals to limit prime ministerial power.

Dec. 18, 2007 The Gleaner publishes a letter headed “Blatant political interference” by Michael Pennycooke, which argues that “(d)espite all the obfuscation and journalistic gymnastics taking place, the sad fact is the PSC members were fired because they did not bow to the political directorate”.

Dec. 18, 2007 The Daily Observer publishes a letter headed “It’s all the fault of the PSC” by Kevin Forge which refers to resignations of members of the PSC in 1976 and 1980.

Dec. 19, 2007 The Daily Gleaner publishes, as Letter of the Day, a letter headed “Contempt for the law” by Jennifer Housen expressing sadness concerning the dismissal of the members of the Public Service Commission and expressing support for retention of appeals to the Privy Council given local political attitudes to law.

Dec. 19, 2007 The Daily Observer publishes an editorial entitled “Does Dr Vasciannie want to be solicitor-general?”, which emphasizes that the Prime Minister and Solicitor General need to trust each other.

Dec. 20, 2007 The Gleaner publishes a letter headed “JCSA’s view of PSC imbroglio” by Wayne Jones, President of the Jamaica Civil Service Association criticizing political interference in the work of the PSC and pointing out that Prime Minister Golding had a cordial meeting with the PSC before the Solicitor General issue arose.

Dec. 20, 2007 The Gleaner publishes a letter headed “Why all this rigmarole?” by Jean-Ann Bartley arguing that Stephen Vasciannie should withdraw his application for the post of Solicitor General.

Dec. 23, 2007 The Sunday Gleaner publishes “Democracy after 100 days” by Robert Buddan criticizing Prime Minister Golding’s interference in the civil service appointments process.

Dec. 23, 2007 The Sunday Observer publishes “Who owns Maxine Henry-Wilson’s constituency office?” by Mark Wignall which indicates that Daisy Coke, Chairperson of the PSC owns the constituency office used by Maxine Henry-Wilson M.P.

Dec. 23, 2007 The Sunday Observer publishes a letter headed “Political influence inevitable” by Michael Pennycooke, arguing that the PSC was dismissed because they refused to bow to the political directorate.

Dec. 23-29, 2007 The Sunday Herald publishes the continuation of an article entitled “Prime Ministerial Manipulation” by Garnett Roper.

Dec. 25, 2007 The Daily Observer publishes “Golding, PSC and the Opposition” by Ken Chaplin, which argues that the Public Service Commission has been politicized and that its recommendation of Stephen Vasciannie was “an imprudent act”.

Dec. 26, 2007 The Gleaner publishes an article entitled “Two bulls can’t reign in the same pen” by the Rev. Cyril Clarke, which argues that the Prime Minister has the last word in the appointment of the Solicitor-General.

Dec. 27, 2007 The Daily Observer publishes “Valuable time wasted on the PSC matter” by Mark Wignall, which quotes a correspondent to the effect that the Public Service Commission and Stephen Vasciannie are at fault in the matter.

Dec. 30, 2007 The Sunday Observer publishes an article entitled “Misbehaviour, the PSC and the Chief Servant” by Hilaire Sobers, which criticizes Prime Minister Golding for disregarding principles of natural justice in dismissing members of the Public Service Commission, demonstrates more generally the weaknesses of the Prime Minister’s approach to the Public Service Commission, and notes that the Governor General has not escaped untarnished in this episode.

Dec. 30, 2007 The Sunday Gleaner publishes a letter headed “Misinterpreting the PM’s role” by Clayton Morgan, which responds to an article entitled “Two bulls can’t reign in the same pen” published in the Gleaner of December 26, 2007. Clayton Morgan’s letter sets out the procedure for appointing the Solicitor General.

Dec. 31, 2007 The Daily Observer publishes a letter headed “PSC issue not about Stephen Vasciannie” by Alecia Sylvester, which argues that Stephen Vasciannie “has displayed great integrity in not withdrawing” from procedure for the selection of Solicitor General, and criticizes various aspects of the Observer editorial published on December 19 (“Does Dr Vasciannie want to be solicitor-general?”).

Jan. 2, 2008 The Daily Observer publishes an editorial entitled “Who will now want to serve on the PSC?” in which it is pointed out that the Prime Minister’s perceived political interference in the Public Service Commission has undermined the Commission’s credibility.

Jan. 3, 2008 The Gleaner publishes a letter headed “’Dead cat’ comment” by Wayne Lumsden, in which Mr. Lumsden points out, in response to the Rev. Devon Dick, that he does not recall “ever reading that Prime Minister Bruce Golding cited the “dead cat” comment” as his reason for objecting to Stephen Vasciannie’s appointment.

Jan. 4, 2008 The Daily Observer publishes letter headed “Vasciannie unsuitable” by Michael Williams.

Jan. 5, 2008 The Daily Observer publishes a front page story entitled “Hold it, PM: Portia urges Bruce not to name new PSC before court hearing”.

Jan. 5, 2008 The Daily Observer publishes a letter headed “Would the PM still cry ‘misbehaviour’…?” by Abe Dabdoub linking the dismissal of the PSC to their decision to nominate Stephen Vasciannie .

Jan. 6-12, 2008 The Sunday Herald publishes a front page story entitled “Cold War! Attorney General and staff at loggerheads over alleged political interference”. The Sunday Herald also publishes an editorial entitled “The PM’s seeming governance crisis” which considers aspects of the PSC dismissal.

Jan. 6, 2008 The Sunday Observer publishes “Implications of Prime Ministerial Tyranny” by Hilaire Sobers concerning the dismissal of the Public Services Commission and the treatment of Stephen Vasciannie.

Jan. 6, 2008 The Sunday Observer publishes a letter headed “Come off that high horse, JLP” by Kenneth Reeves arguing that the naming of a new PSC makes a mockery of the Vale Royal talks.

Jan. 7, 2008 The Daily Observer publishes a letter headed “Will we ever learn?” by Courtney Barnett, which notes that Prime Minister Golding has acted in an unconstitutional manner. The Attorney General, Dorothy Lightbourne is interviewed by Emily Crooks and Naomi Francis on Nationwide News Network (This Morning show).

Jan. 8, 2008 The Governor-General names the members of the new Public Service Commission. They are: Ambassador Don Rainford, Merlyn Brown, Neville Ying, Herbert Lewis and Audrey Hastings.

Jan. 8, 2008 The Gleaner publishes “’Dead cat’ comment and PM Golding” by the Rev. Devon Dick, which argues that Prime Minister Golding “should let sleeping cats lie”. Reverend Dick wrote in response to Wayne Lumsden letter published in the Gleaner on January 3.

Jan. 8, 2008 The Daily Observer publishes a letter headed “Mr. Williams, consult the facts on Stephen Vasciannie” by Hilaire Sobers, which responds to each of the points made by Michael Williams in his letter published in the Daily Observer on January 4. The Daily Observer also publishes “Fight over control of public service” by Ken Chaplin, which repeats accusations that the Public Service Commission has been politicized and suggests that the Attorney General’s Department is now experiencing difficulties “because it has been dominated by PNP activists brought in over the past 18 years”.

Jan. 10, 2008 The High Court grants the Leader of the Opposition a two-week extension during which she may file particulars of the claim for judicial review of the dismissal of members of the Public Service Commission.

Jan. 10, 2008 The Daily Observer publishes an article entitled “PNP says GG could be embarrassed if” in which Linton Walters is quoted as saying that if the High Court reinstates the original Public Service Commission then appointment of the new Commission will be null and void.

Jan. 11, 2008 The Daily Observer publishes a letter headed “No, Mr Chaplin, not at the AG’s Dept” by Acting Solicitor General Patrick Foster, which refutes statements made in Mr. Chaplin’s article published on January 8 about political activism on the part of lawyers in the Attorney General’s Chambers.

Jan. 12, 2008 The Daily Observer publishes a letter headed “What’s with you Mr Chaplin?” by D.S. Morgan and another headed “Unfair to denigrate past gov’t” by Michael Pennycooke, both of which challenge Mr Chaplin’s assertions concerning political activism on the part of lawyers in the Attorney General’s Chambers.