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Contempt of court
Ken Chaplin
Tuesday, October 09, 2007
Radio talk-show commentators and others who discussed publicly the controversial counting of the votes in the contest between the JLP's Barrington Gray and the PNP's DK Duncan for Eastern Hanover, while the matter was being heard in the Supreme Court, are lucky they were not charged with contempt of court. They showed utter disrespect for the rules of the judicial process which in any civilised society is regarded as sacrosanct.
Ken Chaplin
The sub judice rule which means the matter is before the court and not yet decided, a fundamental principle of law, was breached several times as comments were made on the case while it was being heard. Every journalist and talk-show host should know that only straight reporting is permitted.
One talk-show commentator, Trevor Munroe of the Breakfast Club and a PNP candidate in the general election, said comment was justified because the matter was of major importance. Conversely, this is all the more reason for not commenting. So colleagues, let us follow our judicial process which is based on the British system, and not the habit of some American media to try cases.
There is no doubt that the Electoral Office of Jamaica, under the leadership of Danville Walker, and the Electoral Commission chaired by Professor Errol Miller have been performing well in improving the electoral process to a considerable extent, especially in reducing the incidence of bogus voting and facilitating the process for people to vote. That is why one cannot fathom how two ballot boxes happened to be missing in the counting of votes for the South-East St Mary constituency. The boxes remained missing for many days. It was gross negligence. My comment on the situation in East Hanover where there is a legal battle over alleged spoilt votes, will have to await the completion of the judicial process.
Honour well deserved
Prime Minister Bruce Golding has recommended to the governor general that the national honour of the Order of Jamaica be bestowed on Adrian Strachan, the auditor general. It is an honour well deserved. He already holds the title of Commander of the Order of Distinction. Strachan, a public servant of the highest integrity who has a sense of fearlessness, should have been awarded the OJ long ago, but he was not popular with the previous government because he was uncompromising.
Strachan has a most difficult job as auditor general, keeping a close watch on public expenditure, ensuring that ministries and public agencies give proper accounting for taxpayers' money and whatever the ministry of finance and other ministries do is in accordance with the Constitution of Jamaica and the Financial Administration and Audit Act.
The report of the auditor general is submitted to the Speaker of the House of Representatives in accordance with the Constitution and afterwards it goes to the Public Accounts Committee of the House of Representatives. The last report for the financial year ending March 31, 2006 showed losses, irregularities, unverified transactions and breaches of government's prescribed rules for the procurement of goods and services. He also noted 11 agencies of government which failed to turn over statutory deductions to the relevant authorities, thus placing their employees at risk.
He also pointed out a number of instances in which the use of funds or the accounting of public financial transactions was not done in compliance with the Constitution of Jamaica and/or relevant Acts of Parliament. These breaches related to such areas of some loan transactions, certain resources belonging to the Capital Development Fund and the revenue from the levy imposed by government on incoming international telephone calls. One of the adverse effects of such non-compliance with the constitution and Acts is the undermining of the intended parliamentary control of public expenditure.
Breaching the constitution is a serious matter and the public is waiting to see what action the Public Accounts Committee will take against the ministry of finance in this matter as well as the punishment of public servants for irregularities and breaches when it meets to consider the Auditor General's Report. Strachan has served in the Auditor General's Department for 45 years and has been auditor general for the past 29 years.
Ken Chaplin
Tuesday, October 09, 2007
Radio talk-show commentators and others who discussed publicly the controversial counting of the votes in the contest between the JLP's Barrington Gray and the PNP's DK Duncan for Eastern Hanover, while the matter was being heard in the Supreme Court, are lucky they were not charged with contempt of court. They showed utter disrespect for the rules of the judicial process which in any civilised society is regarded as sacrosanct.
Ken Chaplin
The sub judice rule which means the matter is before the court and not yet decided, a fundamental principle of law, was breached several times as comments were made on the case while it was being heard. Every journalist and talk-show host should know that only straight reporting is permitted.
One talk-show commentator, Trevor Munroe of the Breakfast Club and a PNP candidate in the general election, said comment was justified because the matter was of major importance. Conversely, this is all the more reason for not commenting. So colleagues, let us follow our judicial process which is based on the British system, and not the habit of some American media to try cases.
There is no doubt that the Electoral Office of Jamaica, under the leadership of Danville Walker, and the Electoral Commission chaired by Professor Errol Miller have been performing well in improving the electoral process to a considerable extent, especially in reducing the incidence of bogus voting and facilitating the process for people to vote. That is why one cannot fathom how two ballot boxes happened to be missing in the counting of votes for the South-East St Mary constituency. The boxes remained missing for many days. It was gross negligence. My comment on the situation in East Hanover where there is a legal battle over alleged spoilt votes, will have to await the completion of the judicial process.
Honour well deserved
Prime Minister Bruce Golding has recommended to the governor general that the national honour of the Order of Jamaica be bestowed on Adrian Strachan, the auditor general. It is an honour well deserved. He already holds the title of Commander of the Order of Distinction. Strachan, a public servant of the highest integrity who has a sense of fearlessness, should have been awarded the OJ long ago, but he was not popular with the previous government because he was uncompromising.
Strachan has a most difficult job as auditor general, keeping a close watch on public expenditure, ensuring that ministries and public agencies give proper accounting for taxpayers' money and whatever the ministry of finance and other ministries do is in accordance with the Constitution of Jamaica and the Financial Administration and Audit Act.
The report of the auditor general is submitted to the Speaker of the House of Representatives in accordance with the Constitution and afterwards it goes to the Public Accounts Committee of the House of Representatives. The last report for the financial year ending March 31, 2006 showed losses, irregularities, unverified transactions and breaches of government's prescribed rules for the procurement of goods and services. He also noted 11 agencies of government which failed to turn over statutory deductions to the relevant authorities, thus placing their employees at risk.
He also pointed out a number of instances in which the use of funds or the accounting of public financial transactions was not done in compliance with the Constitution of Jamaica and/or relevant Acts of Parliament. These breaches related to such areas of some loan transactions, certain resources belonging to the Capital Development Fund and the revenue from the levy imposed by government on incoming international telephone calls. One of the adverse effects of such non-compliance with the constitution and Acts is the undermining of the intended parliamentary control of public expenditure.
Breaching the constitution is a serious matter and the public is waiting to see what action the Public Accounts Committee will take against the ministry of finance in this matter as well as the punishment of public servants for irregularities and breaches when it meets to consider the Auditor General's Report. Strachan has served in the Auditor General's Department for 45 years and has been auditor general for the past 29 years.