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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, January 19, 2008

Ken Chaplin's column of January 15, 2008

Ken Chaplin had a column earlier this week on January 15, 2008, that did little more than compound his earlier misrepresentation of the issues concerning the PSC and the AG's Chambers. http://www.jamaicaobserver.com/columns/html/20080114T190000-0500_131395_OBS_WHAT_S_GOING_ON_IN_AG_S_DEPT__.asp




For me, it is quite sad to see a journalist of Ken Chaplin's reputation and experience deliberately choosing misinformation and distortion over facts and analysis. He cannot claim ignorance; certainly I have been at pains to write him twice to point out his errors of fact, law, and logic. I can only infer that Ken Chaplin has an agenda that excludes any reference to 'inconvenient truths'.

Happily, D.S. Morgan has firmly rebutted Chaplin's latest attack on the lawyers of the AG's Chambers.

A week or two ago, the Faqurharson Institute led by Frank Phipps and Ken Jones, called for an inquiry into the operations of the AG's Chambers. Much of what they have publicly represented appears to be reflected in Chaplin's articles. Much as I am not generally given to conspiracy theories, I wonder whether Chaplin is simply the mouthpiece of the Farquharson Institute. I spoke with Chaplin briefly last week, when I faxed him my note of January 10. His first question to me was whether I was "holding brief" for the PSC or Stephen Vasciannie or both. That question, in retrospect, appears to have been quite autobiographical. Despite my record of taking principled positions on public issues, Ken's starting assumption was that I am representing a particular interest, rather than simply standing up for principle. Clearly, if that is his modus operandi, then I can understand his difficulty in understanding mine.

Regrettably, Ken Chaplin's views (and indeed those of the Farq Institute) have gained some traction in public discourse. This is hardly surprising, given the general apathy to critical thinking.




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