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**Lazie** · May 13, 2010, 08:06 AM

PNP, PNPYO and NDM ... okay!

**Sir X** · May 13, 2010, 08:36 AM

It is just plain deception, Mr Golding
Mark Wignall

Thursday, May 13, 2010

IT must rank as one of the greatest acts of political deception ever played out on the Jamaican people. Bruce Golding, the leader who most strongly expressed his distaste for criminal politics and towered over PJ Patterson and Eddie Seaga in that regard - in the period 1995 to 1997 when he left the JLP to form the NDM - is now in 2010 being perceived as the leader doing the most to advance the cause of that infernal, destructive union.
The prime minister's mind-boggling "revelation" in the House on Tuesday that it was he, acting as JLP party leader, who had sanctioned the engagement of American law firm Manatt, Phelps and Phillips to lobby the US government on treaty matters, has opened the door to the greater issue having to do with the leadership competence of Mr Golding in his role as prime minister and the simpler but more important matter of his trustworthiness.
GOLDING... his ‘revelation’ has opened the door to his leadership competence and trustworthiness.
1/1
Does the PM expect the people of Jamaica to buy into his explanation that his strident response to the PNP's Dr Peter Phillips' questions in the House on March 16 was more than sufficient because the questions asked concerned the JLP Government's engagement of the lobbying firm? To follow the prime minister's logic as he drew for the rule book of Parliament, it was strictly a party matter, therefore there was no pressing need for him to present an explanation to the people of this country. Does the PM really expect any sensible person to accept that reasoning?
Treaty matters are a state-to-state issue, so on that basis, how did a political party insert itself into such a matter where it had no calling or powers under the constitution to do so? Unbelievable!
In 2006 when he, as leader of the Opposition, raked the PNP government over the coals on Trafigura, in quick time the PNP got together and all of its members settled on a common story - the amount of $31 million which was transferred from Trafigura Beheer to a special account held by then general secretary of the PNP and information minister, Colin Campbell, was a gift from Trafigura to the PNP.
In the Manatt, Phelps and Phillips matter, one of immensely higher import than Trafigura, it still seems to me that the prime minister had no knowledge of it when questioned by Peter Phillips on March 16. It is my belief that the prime minister wants to present a front to the people of this country that he is still in charge of the administration. So, even if, as some suspect, some person or persons in the administration went behind his back to arrange the engagement of the US lobbying firm in November last year, the revelations on Tuesday is his attempt to claw back something to convince us that the buck stops with him, even as JLP leader.
Any prime minister that allows his party's personal touch or involvement on behalf of a key party supporter to define the Jamaican people nationally and internationally as global rogues and then sets out to weave a circuitous tale in explanation of that act must accept that from here on, anything he says to us will be taken as an expression of something other than the truth.
In 2006 Mr Golding had called for the PNP to resign over the Trafigura revelations. Well, in 2010, in our greater moment of shame, what do you believe must be asked of you, Prime Minister?
Minister Tufton,
over to you
Two Sundays ago I wrote about a matter surrounding a fishing vessel, the MV Abbey owned by DYC Fishing, a company operated by one Mr Frank Cox.
The vessel was intercepted and detained by the Jamaica Customs Department on April 1 in Port Antonio. Jamaica Customs said they had reasonable grounds to believe that the cargo of over 2000 pounds of lobster found on board originated from international waters and ought to be subject to Customs duties and taxes.
While the owners claimed that the cargo was obtained in Jamaican waters, Customs records alleged that the vessel Abbey had not entered Jamaica's territorial waters for a month prior to its April 1 arrival. I had highlighted the fact of DYC's involvement in another matter which ended up in the US court system. Well, it doesn't end there, and as I had previously stated, if the Jamaican authorities are serious about regulating those who are given licences to fish in our waters, much more due diligence must be applied especially in the face of dwindling fish supplies.
In December 2009 DYC was involved in yet another matter in the US court system, this time, specifically the Miami-Dade jurisdiction. The following was culled from the court's website in reference to a company called Perla Del Caribe (the plaintiffs) in long drawn out action from 2002 to 2009 against DYC fishing.
"Perla and DYC entered into a joint venture agreement to split the profits of the 2000-01 conch fishing season. Perla, a Miami financier, fronted Jamaica-based DYC, the processor and distributor of the conch. Perla was to receive two-thirds of the profits of the conch and DYC, one-third. Perla claims the agreement was for an exclusive distributorship. DYC disputed this. When DYC claimed it made no profits during the year, Perla demanded verification, arguing that DYC sold 26 to 28 containers of conch for $4 million during the season. After the first complaint was filed, the defence argued lack of jurisdiction. Appellate courts ruled on the issue twice with a judge finally declaring proper jurisdiction existed. Perla alleges it sent repeated discovery requests to DYC for tax returns and other documents detailing profits but got no response.
"In 2007, the judge entered a default judgement in favour of the plaintiffs, struck the defence pleadings and sanctioned them for discovery abuses. The defence appealed and lost. A trial was scheduled for the unliquidated damages plaintiffs were claiming, $1.26 million. Plaintiffs made an initial offer of judgement of $449,000, which was rejected by defence.
"Plaintiff case: That the defendant refused to turn over records even after a magistrate judge commanded him to do so. The main purchaser of the conch also testified as a witness for the plaintiff.
"Defence case: That the profits were below expectations, due to a number of events during that season that caused additional costs to be incurred. One example - that some containers of conch started defrosting so they had to be reprocessed. The defendant testified by videotaped deposition.
"Outcome: After a two-day trial, jurors deliberated two hours before returning a verdict of $1,034,000."
My point is that Minister Tufton needs to protect Jamaicans who are genuinely involved in the fishing industry. At the same time there should be no hesitation in waving a red flag at those who have a record of breaching guidelines in other jurisdictions, once we have proof in this regard.
observemark@gmail.com

**Sir X** · May 13, 2010, 08:37 AM

COLUMNS

Jamaica, no problem, mon
LLOYD B SMITH

Tuesday, May 11, 2010

NOWADAYS, Jamaica reminds me of a company that is going out of business and so has put up everything for sale. What is frightening in this scenario is that it is not only the country's physical assets that are being disposed of but its morals, principles, heritage and, yes, its people - hundreds of whom have been brutally murdered since the start of the year.
Thanks to slavery and colonialisation as well as an education system that has not paid enough attention to the "smadditisation" of the Jamaican people, we now have a schizophrenic society which is perhaps best embodied in the popular expression, "Jamaica, no problem, mon", that is used rather glibly within the hospitality industry. This situation becomes even more intriguing when viewed against the background of the demographics with respect to homicides: while the natives continue to butcher one another unabated, there has hardly been any instance of tourists being killed. Talk about a split personality!
Not that I am suggesting for one moment that we should start to eliminate visitors to our island home, but the potent question that must be asked is, how come Jamaicans have not been able to relate to their fellow citizens in the same warm, kind, hospitable way that they treat foreigners? The excessive brutality that is being shown towards one another is almost indescribable and boggles the mind. Indeed, it has now become the norm to slash throats, behead victims and burn them. How much more wicked can we get as a people? Not to mention that women, children and the elderly are not spared when our marauders go on the warpath.
Amidst this entire bloodbath, two glaring scenarios have emerged - jungle justice which is being meted out by gangsters or angry citizens and killings execution-style carried out by certain members of the police force and army. In this setting, it has become blatantly clear that most Jamaicans have very little faith or confidence in the justice system which is too slow and is perceived to be riddled with corruption as well as skewed towards those who are in a position to engage high-priced lawyers and have friends in high places.
It is no secret that in most inner-city communities it is the area don or gang leader that is judge, jury and executioner. And this approach towards dispute resolution is fast taking root in the minds of both those who are sworn to uphold the law while protecting human rights and civilians who are fed up with the system. That is why I have hesitated to wholeheartedly support the proposal being put forward by the Bruce Golding administration and some concerned citizens that we should be prepared to put up with certain "inconveniences" (which in essence means that we should allow for some of our basic rights to be abused or pushed aside) in order to allow the security forces to flush out, apprehend and/or eliminate the hardened criminals in our midst.
This is but one of the many knee-jerk reactions that continue to come from successive governments who have had a penchant for setting up numerous task forces, committees and crime-fighting units while moving at a snail's pace with respect to the passing of various legislations to ensure a more effective and sustainable crime strategy. The classic case of too much analysis that has led to a paralysis of political will continue to haunt us.
Of course, the resolution to this horrifying problem of crime must start with two very important elements - leadership and oversight. Courageous, visionary leadership is emboldened by integrity and a sincerity of purpose must be the order of the day among all those who are called upon to tackle this gargantuan monster. Our politicians, the police, civil society as well as the church must come together and speak with one voice - not with forked tongues. There is far too much hypocrisy surrounding this vexing matter. Most politicians know more than they are prepared to divulge and even though many of them have become marginalised by the criminal elements in their respective communities, they are still in a position to play a pivotal role in taming this dragon.
In the course of going after the criminals, there are far too many cases of alleged police brutality, corrupt legal practices and the wanton infringement of citizens' rights without any redress. The many oversight bodies that now exist should be placed under one umbrella to make them more efficient as well as effective. Such an oversight body should include a prosecutor general who can act independently and is therefore able to enforce the law as well as execute justice without fear or favour.
The problem with Jamaica is that too many of us are in perpetual denial while others are forever seeking escape routes, chief among which is migration. Now that the Dudus affair has created the perception (though denied) that it has become more difficult to get a United States visa, this may turn out be a blessing in disguise in that the more that Jamaicans find themselves with their backs against the wall, it is the more likely that they will get off their butts and fight back.
The "passa passa" mentality which encourages Jamaicans to forget their troubles and dance, which is yet another vestige of slavery, must be replaced by a fervent willingness of all well-thinking Jamaicans to become a part of the solution and not just remain a part of the problem. But how is this going to be achieved when the government of the day has no moral authority? Let's face it: the way in which the Golding administration has handled the extradition request of Christopher "Dudus" Coke from the US State Department has compromised its ability to take the moral high ground.
So where do we go from here? Do we continue to live like Alice in Wonderland, Jamaica, no problem, mon? Here is a quotation from Alice: "If you don't know where you are going, any road will take you there." Where is this JLP regime taking Jamaica? Never-Never Land? And where would the Opposition PNP like to take us should it regain state power? The Land of Make Believe?
Nothing short of a revolution can save Jamaica at this time. It is for those who lead or want to lead to decide what type of revolution they want. In any event, a revolution now appears inevitable.
lloydbsmith@hotmail.com

**Sir X** · May 13, 2010, 08:38 AM

Bruised Golding
Published: Thursday | May 13, 20100 Comments and 0 Reactions

Milton Samuda
1 2 3 4 5 6 >
Gary Spaulding, Senior Gleaner Writer

THE SOUNDS of consternation, shock and fury reverberated around Jamaica into boardrooms and bars, barber shops and parlours, on the streets and into homes as Jamaicans wrestled with the unabashed about-face of Prime Minister Bruce Golding.

After weeks of vehement denials that he had anything to do with the American law firm Manatt, Phelps & Phillips, Golding admitted on Tuesday that he actually sanctioned the talks.

Leading the chorus of no-confidence against Prime Minister Golding was Opposition Leader Portia Simpson Miller, who yesterday described his admission as the 'mother of all scandals'.

"The prime minister's admission that he sanctioned a scheme to circumvent the role of the Government of Jamaica to resolve a treaty dispute with the government of the United States of America and normal diplomatic channels has brought the Government into disrepute.

"The prime minister's behaviour is disgraceful, outrageous, and out of step with the norms of prime ministerial behaviour and decorum in any democracy in general, and the Westminster system in particular," Simpson Miller, said as she argued that the "government has lost all credibility".

Meanwhile, the National Demo-cratic Movement (NDM), which Golding once led, said the prime minister "has com-promised the integrity of the Government that he leads and deceived the people of Jamaica".

"The members of the Cabinet and the Senate, especially those former members of the NDM, should be particularly ashamed and should walk away if Golding refuses to do the honourable thing. Their failure to do so would make them complicit in misleading the country," the NDM said.

President of the Jamaica Chamber of Commerce, Milton Samuda, also asserted that the credibility of the Bruce Golding administration had been compromised.

The sentiment has been echoed by vice-president of the Jamaica Association of Evangelicals, the Reverend Peter Garth, as well as political analysts Richard 'Dickie' Crawford and Dr Hume Johnson.

"We feel that the unfolding of the events absolutely vindicate our position that there ought to have been an independent investigation into the matter," declared Samuda.

The JCC head said Jamaica Labour Party (JLP) General Secretary Karl Samuda's report two weeks ago has shown beyond the shadow of a doubt that the Government had found itself with a conflict of interest.

"That, plus the prime minister's statement, make it crystal clear that in the first instance, the issue of the extradition ought to have been left to the courts," the JCC boss contended.

"And in the second instance, the issue of the so-called treaty matters ought to have been dealt with through the Ministry of Foreign Affairs and other well-established channels," he added.

Garth agrees that the latest development has elicited additional questions.

"The situation was quite shocking and alarming because, based on what I heard before, it seems as if the country might have been misled. I cannot understand the play on party and Government," said the clergyman.

"I believe that the Government needs to put the matter squarely on the table in all honesty because the integrity of our country is at stake," contended Garth.

However, the JLP's Samuda, a senior government minister who was called in at the 11th hour to help resolve the matter, appeared quite introspective and meek yesterday in the midst of the turmoil.

"It must be our resolve as a government to ensure that our utterances and actions are not interpreted as being confrontational or overly aggressive, particularly towards the public, on sensitive issues of national significance," he said.

Meanwhile, Crawford was blunt in his analysis of the situation.

"The prime minister's comments on the extradition issue and the Manatt, Phelps & Phillips case have landed the Government and the ruling party of Jamaica into an even deeper crisis," he declared.

President of the Private Sector Organisation of Jamaica, Joseph M. Matalon, admitted that the situation was baffling, but said he did not want to pre-empt any decision of his executive.

Political analyst Dr Hume Johnson argued that the handling of the affair was poor on fundamental levels.

"The protracted delay in addressing the issue, the idea of calling upon his own ministers to investigate the matter, and the ultimate discovery that he wilfully and calculatedly misled the Jamaican people is proof that Prime Minister Bruce Golding does not believe in open and trans-parent government."

"In highly established democracies, no prime minister could act in such a manner and still retain his or her position. In this regard, I believe Bruce Golding should resign," said Johnson.

Attorney-at-law Jacqueline Samuels-Brown said she was astounded by the latest development.

"Parliament is the highest court in the land and, while there are rules known as standing orders made to secure the orderly procedure of Parliament's business, it cannot relieve our leaders of the responsibility to provide the nation with full and timely disclosure in relation to matters of national interest," she argued.

**Sir X** · May 13, 2010, 08:39 AM

EDITORIAL - Does Mr Golding Have Themoral Authority To Lead?
Published: Thursday | May 13, 20100 Comments and 0 Reactions
Prime Minister Bruce Golding, we conclude, knowingly and deliberately, misled Jamaica about his, and his government's involvement in the Manatt, Phelps & Phillips affair.

Of course, the prime minister has not overtly, or frankly, conceded his lies in his parliamentary statement on Tuesday, preferring, even at this late stage, to hide behind obfuscation and semantics. But Mr Golding admitted that he sanctioned the ruling Jamaica Labour Party's (JLP) hiring of Manatt to lobby the United States (US) government on behalf of Jamaica over his administration's refusal to extradite alleged drug dealer and gunrunner Christopher 'Dudus' Coke.

It is useful to remind ourselves of some of the salient issues in this controversy.

When Dr Peter Phillips first claimed that the Government, using the law firm of JLP member, Harold Brady, had hired Manatt to lobby for it in the Coke matter, Mr Golding all but dismissed the assertion out of hand. Mr Golding did not even hint that, as leader of the JLP, he had authorised party officials, who remain unnamed, to engage Manatt. He lied by omission.

Claiming ignorance

Further, not only did government officials claim ignorance of a deal, Mr Golding's information minister, Daryl Vaz, gave Mr Brady 24 hours to have Manatt rectify its declaration that it represented the Government.

Mr Golding subsequently claimed that last December Solicitor General Douglas Leys happened to meet Mr Brady on a flight, who raised the possibility of Manatt assisting in the Coke extradition dispute. Mr Leys, on that basis, invited a Manatt representative to a meeting with US State Department officials, but merely as an observer. Mr Leys, though, revealed that he had spoken to Mr Brady on the matter months earlier.

As the embarrassment deepened, Mr Golding gave the job of damage control to the JLP's general secretary, Karl Samuda. He reported that some JLP members - he made it appear on their own volition - had, with Mr Brady's help, engaged Manatt. Mr Samuda also reported that the junior foreign minister, Dr Ronald Robinson, while on a private trip to Washington, had had a brief social encounter with Manatt officials. Mr Golding has now indicated that the meeting, though unofficial, was far more substantive than a "brief social encounter".

By Mr Golding's admission, the deal with Manatt was sanctioned by himself as leader of the JLP who, lest he forget, is also the prime minister of Jamaica. Mr Golding knew, as he told Parliament, that Mr Brady was in discussion and correspondence with Solicitor General Leys since last September on the Coke matter and the use of Manatt.

Indeed, we are surprised at Mr Golding's suggestion that someone as smart as Mr Leys did not realise that an email address to which he forwarded information to Mr Brady belonged to Manatt.

And the Manatt people, by the PM's implication, stupidly used their correspondence with Mr Leys and the meeting with Dr Robinson to assume they were acting on behalf of the administration.

Mr Golding must now tell us truthfully whose interest was being protected in this affair, name those who engaged Manatt, say who paid the bill and invite the contractor general to investigate the affair.

In many democracies, deliberately misleading the country is cause for a prime minister to resign. Mr Golding and the Jamaican people must decide whether the PM's lies now render him a fatally flawed leader.

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.

**Sir X** · May 13, 2010, 08:41 AM

Golding/Cabinet Should Resign
Published: Thursday | May 13, 20100 Comments and 0 Reactions

Golding
The Editor, Sir:

As I see it and am confident that most people share my opinion listening to the media and the men and women in the streets and the marketplaces, the Government should resign for disgracing our country and our people wherever they are.

This call is supported by the following facts in the public domain:

The prime minister says in Parliament that in his capacity as leader of the Jamaica Labour Party, he gave authorisation for Manatt, Phelps & Phillips to help lobby the United States on the extradition issue and he went on to say, "I made it clear, however, that this was an initiative to be undertaken by the party, not by or on behalf of the Government."

He also said that he is not a lawyer but he is a student of law. As a student of law, and I have no doubt he is, isn't he aware that only a convention of the Constitution (which is not law) makes the leader of the successful political party becomes prime minister? Further, the Constitution does not create political parties, but by necessary implication is aware of their existence and condones them but makes provision for the appointment of a prime minister without any reference to any political party when it says in Section 70(1):

Section 70(1) - Whenever the governor general has occasion to appoint a prime minister he, acting in his discretion, shall appoint the member of the House of Representatives who, in his judgement, is best able to command the confidence of a majority of the members of that House.

Safe conclusion

Section 71 provides that the office of the prime minister shall become vacant if for example, he resigns his office. In substance therefore, when the prime minister makes statements in Parliament, he makes those statements as prime minister; and if he makes statements concerning public affairs when presiding over his party, the safe conclusion is that he makes those statements as prime minister. It matters not what he thinks and so it is my considered opinion that his direction was in his capacity as prime minister. Once a prime minister always a prime minister unless his appointment is terminated under Section 71 such as through his resignation.

If the prime minister has lost the confidence of the people by action or omission, under the principle of collective responsibility, the entire Cabinet should resign, afortiori, when the Cabinet does not show any disapproval of the action or omission.

By the way, shouldn't the travelling claim for the solicitor general be exposed to the public to aid in the understanding of his travelling and his encounter with the Manatt firm; and should the prime minister say whether or not he gave direction for the solicitor general to travel and if he did, supply time, date and place. And does not Mr Vaz think as a paid public officer, he should tell the public what Mr Brady says both of them know.

Let the truth, the whole truth and nothing but the truth be told to the public, but for heaven's sake let the Government resign before the heavens fall.

I am, etc.,

OWEN CROSBIE

Mandeville, Manchester

**Mosiah** · May 13, 2010, 08:45 AM

just wait a minute for the others to get on board.

**Mosiah** · May 13, 2010, 08:49 AM

Lazie, your task for the day - link all these persons and groups with known tribalists like the PNPYO:

JCC
Attorney-at-law Jacqueline Samuels-Brown
PSOJ
Dr Hume Johnson
Jamaica Association of Evangelicals

and the rest.

**Mosiah** · May 13, 2010, 08:51 AM

Originally posted by X View Post

I am, etc.,

OWEN CROSBIE

Mandeville, Manchester

Known PNP tribalist, right Lazie?

**Sir X** · May 13, 2010, 08:53 AM

Lazie I forgot to ask did Golding admit it on a Letterhead and should I have posted it on a letter head?

LMAO

**Mosiah** · May 13, 2010, 08:53 AM

whose letterhead, the JLP's or the GOJ's?

**Sir X** · May 13, 2010, 08:55 AM

I was thinking RBSC

**Rockman** · May 13, 2010, 08:56 AM

Amazing how one can write such an article without mentioning the names Coke and Dudus.Obssrver Mark has named Dudus in a few articles but only when it became popular.At the very least he could have his front teeth..., he understands that.
But I will say, every don(even the don of dons)has a boss(Omar Davis, Manley,Seaga..),and Bruce IS Dudus boss.

Blessed

**Peter R** · May 13, 2010, 08:57 AM

Is Bruce a major shareholder in "Secrets" Hotel?

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