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Time to resolve the Vasciannie imbroglio-Gleaner

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  • Time to resolve the Vasciannie imbroglio-Gleaner

    Time to resolve the Vasciannie imbroglio
    published: Tuesday | November 20, 2007

    Professor Stephen Vasciannie is a usually mild-mannered man of profound intellect. He broke all kinds of academic records in high school at Kingston College and at Oxford University as a Rhodes scholar.

    Professor Vasciannie, however, does occasionally betray a sharp tongue, or perhaps, more correctly, a biting pen. And there are, perhaps, too, those who, with tongues lodged less than firmly in cheek, may accuse him of a certain lack of political judgement.

    He was once a leading member of that inert political organisation, the National Democratic Movement, which was formed and led by thecurrent Jamaican Prime Minister, Bruce Golding. Indeed, when Mr. Golding returned to the Jamaica Labour Party, which is now in government, Professor Vasciannie described the event as something akin to throwing a dead cat on to the deck of a ship. He went on to recount his own reasons for distancing himself from the NDM, including an assertion that long before his public rapprochement with the JLP, Mr. Golding was in negotiations with the then opposition party without being truthful and upfront with his NDM colleagues.

    More recently, Professor Vasciannie, having applied for the post, was recommended by the Public Service Commission, which is the competent authority for such matters those who would spin have let it dribble out that it was the majority of the members of the PSC who endorsed Professor Vasciannie for the job.

    As it as turned out, Mr. Golding has exercised his constitutional right as PM in asking the PSC to review its recommendation. The commissioners have apparently held their ground, which, on the face of it, should mean that the appointment should go forward. Mr. Golding, it appears, now wants to fire the lot, ostensibly for misbehaviour how they have misbehaved, in the context of the Constitution, has not been made clear.

    What is particularly disingenuous about the arguments is the attempt of the Government's spin doctors to cast their rejection of Professor Vasciannie not in political/personality terms, but one of experience, or lack thereof. They claim, as did the Attorney-General that Professor Vasciannie does not practise at the Bar, suggesting, therefore, that he lacks court craft - as if he is a criminal defence lawyer intending to win over juries by dramatics.

    We would have expected that what we would want from our Solicitor General is someone steeped in the understanding of the law, in its philosophy and application; someone capable of developing cogent and coherent legal arguments which maintain high principle while pursuing the interest of those he represents; who, ultimately, are the people of Jamaica. In this regard, there is little to question about Professor Vasciannie.

    This matter, however, demands honesty, which is the basis of the governance promised by Mr. Golding. If the PM has political concerns about Dr. Vasciannie and wishes to recant from his pledge of inclusiveness, he should say so. As it is, Mr. Golding is expending political capital, which may meet short-term expediency but which, over the long term, he can ill-afford.

    But then again, Mr. Golding may be willing to fire the PSC on grounds of misbehaviour every time he disagrees with one of their appointments.


    The opinions on this page, except for the above, do not necessarily reflect the views of The Gleaner. To respond to a Gleaner editorial, email us: editor@gleanerjm.com or fax: 922-6223. Responses should be no longer than 400 words. Not all responses will be published.
    Last edited by Karl; November 20, 2007, 08:55 AM.
    Solidarity is not a matter of well wishing, but is sharing the very same fate whether in victory or in death.
    Che Guevara.

  • #2
    Dr Vasciannie as solicitor general

    Rev Raulston Nembhard

    THE appointment of a solicitor general for Jamaica is a constitutional matter. The Constitution gives that prerogative to the Public Service Commission so as to make the appointment truly independent of the political directorate.

    This, too, is as far as we can define and determine independence in Jamaica. It is left to the judgment of the commission to appoint the person that they feel is best able to represent the interests of Jamaica in the courts.

    The government and, by extension, the people of Jamaica are its clients, not a political party. The fact that solicitors general may have acted politically in the past does not nullify the sound principle of the political directorate having no direct say in the person’s appointment.

    It is obvious that any government would be happy to have a solicitor general that they endorse. I say all of this to urge restraint on the part of the government in the emerging imbroglio between itself and the Public Service Commission over the proposal of Dr Stephen Vasciannie as the new solicitor general. If it is true, as is being highly rumoured, that his proposed appointment is being opposed because of unpleasantness in the relationship between the prime minister and Dr Vasciannie, then this is regrettable. This is so because appointments in the public service should not be predicated on the basis of personality conflicts between opposing parties. They should be based on a person’s ability and strength of character to do the job and do it well.

    If Dr Vasciannie is appointed, he will be in the courts to represent the best interests of the Jamaican people and not those of Mr Golding or any sitting politician. There will be disagreements at times, as there are between an attorney and his clients. A good attorney provides guidance and counsel to his clients, and clients are not always inclined to abide by good counsel. One would hope that Dr Vasciannie would have enough integrity to stand his ground in stoutly defending Jamaica’s interests, for those cannot be in variance with what a decent government would desire.

    The question to be asked is whether Dr Vasciannie has the strength of character and fixity of purpose to discharge his responsibilities faithfully and fearlessly; whether he will bear true allegiance to the best canons of conduct governing the legal profession and be an example of high probity in that office. His academic ability is not in doubt. This ability has been recognised internationally, perhaps even more than it has been in Jamaica. This ability might have given Dr Vasciannie supreme confidence in his own abilities, which, as I said in an earlier piece on Dr Davies, might lead to Dr Vasciannie developing a chip on his shoulders, which makes him come across as brash and at times arrogant. But who is without flaws in a wellmanicured character?

    The argument of a lack of experience in the courts, while valid, hardly holds. The same could be said of Mr Golding as prime minister. He has had no experience as a prime minister of Jamaica. In fact, he is only two months into that experience. His task is a larger task than that to be performed by Dr Vasciannie, but we trust him to use his best judgments to govern fairly and impartially in his office as prime minister. We expect no less of Dr Vasciannie and anyone else who is appointed to high offices in our beloved country. I believe that as a jurist Dr Vasciannie has the capacity to learn fast and work deliberately at what has to be done.

    We will never agree with everybody with whom we work. A true leader and statesman does not allow matters of a personal nature to cloud his or her judgments. He or she is able to look beyond personal foibles and seek out the best in persons. If there are any personal differences between Dr Vasciannie and Mr Golding as it is strongly rumoured, one would hope that these can be set aside and Dr Vasciannie be allowed to do his job.

    In the eyes of the Public Service Commission, he is the best person out of all the applicants to do the job. That decision ought to be respected by the political directorate. To oppose it is to set a trend of political interference which this administration has rightly vowed to resist.

    The country needs to get on with the urgent tasks that have to be performed by the solicitor general.

    stead6655@aol.com






    VASCIANNIE... has the capacity to learn fast and work deliberately at what has to be done
    Last edited by Karl; November 20, 2007, 08:59 AM.
    Solidarity is not a matter of well wishing, but is sharing the very same fate whether in victory or in death.
    Che Guevara.

    Comment


    • #3
      Madness.

      No Govt can work with a SG that they have no confidence in. The PSC should have resigned en bloc from Sept. in any case.

      Both sides playing politics as one can expect...this IS politics we are dealing with. Where were the JLP people on such committees and in such offices in the last 18 years?? It is not like the PNP was doling out sensitive positions to JLP inclined people and no one could blame THEM either.

      Comment


      • #4
        Originally posted by Willi View Post
        Madness.

        No Govt can work with a SG that they have no confidence in. The PSC should have resigned en bloc from Sept. in any case.

        Both sides playing politics as one can expect...this IS politics we are dealing with. Where were the JLP people on such committees and in such offices in the last 18 years?? It is not like the PNP was doling out sensitive positions to JLP inclined people and no one could blame THEM either.

        ...but, the PNP by and large left the judiciary alone! Such a position is vitally important...or, we could fall into the untenable situations which regularly occur in the US where judges at all levels are political appointees.

        Bruce is working hard at - no immediate economic relief for the country and now attempting to shape the courts and thus attempt to shape decisions that arise therefrom. That putting of the courts in the back-pockets of politicians is an everyday occurance in dictatorships and communist countries.
        Last edited by Karl; November 26, 2007, 11:37 AM.
        "Never doubt that a small group of thoughtful, committed citizens can change the world. Indeed, it is the only thing that ever has."

        Comment


        • #5
          The question here Willi is does the PM's stance have anything to do with vaciannie's (sic) intellectual capabilities or because they have political and maybe personal differences and as the Gleaner's article pointed out where is the inclusiveness that Bruce spoke about so passionately or this does not extend to the SG's position?
          Last edited by Sickko; November 20, 2007, 09:38 AM.
          Solidarity is not a matter of well wishing, but is sharing the very same fate whether in victory or in death.
          Che Guevara.

          Comment


          • #6
            Originally posted by Sickko View Post
            The question here Willi is does the PM's stance have anything to do with vaciannie's (sic) intellectual capabilities or becaus ethey have political and maybe personal differences and as the Gleaner's article pointed out where is the inclusiveness that Bruce spoke about so passionately or this does not extend to the SG's position?
            Bruce fault! He should have requested the resignation of ALL board members when he took office. If he had done that, there would be no fuss now. Bruce need to realize that there is fantasy and there is reality.
            "Jamaica's future reflects its past, having attained only one per cent annual growth over 30 years whilst neighbours have grown at five per cent." (Article)

            Comment


            • #7
              Yeah whatever..I was also quite dissappointed with Bruce's tone at the Conference simply because I expect some one with his intellectual capacity to be above the gutter talk.

              Bruce should leave that kind of rhetoric to the likes of Desmond McKenzie and Audley Shaw.
              Solidarity is not a matter of well wishing, but is sharing the very same fate whether in victory or in death.
              Che Guevara.

              Comment


              • #8
                Originally posted by Sickko View Post
                Yeah whatever..I was also quite dissappointed with Bruce's tone at the Conference simply because I expect some one with his intellectual capacity to be above the gutter talk.

                Bruce should leave that kind of rhetoric to the likes of Desmond McKenzie and Audley Shaw.
                Ohhh! When the PNP mek them gutter talk, unuh express disappointment? Last week Portia, Pickgersill, Basil Waite and Bagdad Bob were all over the media blaming the gov't for the rise in prices. And even though the hostess on NNN was pointing out reality, Waite insisted. Now, the man in the streets are saying it. Suh Bruce set dem straight. I do hope he is man enough to stand by his statement. Anybody that ask for an apology ... tell dem fi guh jump in the sea.

                Bruce's tone? Unuh obviously nuh have nothing fi bother unuh.
                "Jamaica's future reflects its past, having attained only one per cent annual growth over 30 years whilst neighbours have grown at five per cent." (Article)

                Comment


                • #9
                  willi... bruce and the jlp needs to leave the judiciary alone... jamaica needs balance and someone to defend the people of jamaica's interests... what confidence you speak of? if the sg or anyone is not in your briefcase, they will not be allowed to perform their work? this is ludricrous... expected better from you, willi...

                  vasciannie, by all accounts is the most qualified to perform the job... his history is one of high achievement, discipline and fairness ideally suited to lead as the solicitor general... at this time, there is no one more qualified than vasciannie...

                  bruce and his cronies need to stop politicize the judiciary... because he and vasciannie had differences, doesn't mean he should deny the people of jamaica their best talent willing to serve...
                  'to get what we've never had, we MUST do what we've never done'

                  Comment


                  • #10
                    Bwaahhhaa !! Haaahah Haa !!

                    Why would the PNP leave the judiciary alone ?

                    The same PNP that had 1 man on 23 boards ???

                    Karl, is long time I learn the earth is round.. try yuh bestest mi nah change mi mind bout dat.

                    Comment


                    • #11
                      Originally posted by Lazie View Post
                      Ohhh! When the PNP mek them gutter talk, unuh express disappointment? Last week Portia, Pickgersill, Basil Waite and Bagdad Bob were all over the media blaming the gov't for the rise in prices. And even though the hostess on NNN was pointing out reality, Waite insisted. Now, the man in the streets are saying it. Suh Bruce set dem straight. I do hope he is man enough to stand by his statement. Anybody that ask for an apology ... tell dem fi guh jump in the sea.

                      Bruce's tone? Unuh obviously nuh have nothing fi bother unuh.
                      So "Last week Portia, Pickersgill, Basil Waite..." response was an engagement in gutter talk?

                      massa, talk sense!
                      The rabid JLP talk fi dun now!
                      "Never doubt that a small group of thoughtful, committed citizens can change the world. Indeed, it is the only thing that ever has."

                      Comment


                      • #12
                        Wi nah REST till few of yuh WELL undah di JAIL.

                        And Bruce bettah nuh RAMP bout dat...

                        18 years of f*&*ry and man muss just walk weh suh....

                        Wheh yuh seh Karl.. turn the other cheek ?

                        Comment


                        • #13
                          Originally posted by Karl View Post
                          So "Last week Portia, Pickersgill, Basil Waite..." response was an engagement in gutter talk?

                          massa, talk sense!
                          The rabid JLP talk fi dun now!
                          I tell you about drinking before posting, what was Bruce responding when he made the statement you ultrasensitive people refer to as gutter talk? If you don't understand mi post, ask fi clarification and stop forming the fool.
                          "Jamaica's future reflects its past, having attained only one per cent annual growth over 30 years whilst neighbours have grown at five per cent." (Article)

                          Comment


                          • #14
                            But I thought Versacci was advising the previous Govt on declining the Dutch offer..

                            That ALONE disqualify him...

                            How is that working in the people's interest ?

                            Unnuh tink Bruce ah eediat ?

                            Gwaan underestimate him.

                            Comment


                            • #15
                              Originally posted by Maudib View Post
                              But I thought Versacci was advising the previous Govt on declining the Dutch offer..

                              That ALONE disqualify him...

                              How is that working in the people's interest ?

                              Unnuh tink Bruce ah eediat ?

                              Gwaan underestimate him.
                              Well, I think everybody needs to be on the same page when it comes to the meaning of "people's interest". Yuh figet the saying, "We always think ...."
                              "Jamaica's future reflects its past, having attained only one per cent annual growth over 30 years whilst neighbours have grown at five per cent." (Article)

                              Comment

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