Tweet
the PM gave in, the empty barrel start fussing again.
Opposition could legally challenge composition of Manatt Commission
Senator A.J. Nicholson. (Gleaner Company photo)
There could be a legal showdown between the Opposition and the Government concerning the Commission of Enquiry into the extradition of Christopher "Dudus" Coke and the hiring of the US law firm Manatt Phelps and Phillips.
The Commission is now mired in controversy following allegations made against two of the members.
There are increased calls on Tuesday morning for Prime Minister Bruce Golding to withdraw the panel of Commissioners, which was unveiled a week ago.
JLP ties?
The calls have intensified in the past 48 hours following a newspaper report which claimed there are ties between two of the members and the ruling Jamaica Labour Party.
Opposition Spokesman on Justice Senator AJ Nicholson, says this has serious implications for the Commission.
He says the public's perception of the Commission is important, and on that basis the Commissioners should be changed.
“When someone speaks to the likelihood of bias, one is not necessarily speaking to the integrity of the Commissioners. For a fact, the Prime Minister, assuming that these things are true, has proven that these things are known to him, he should not have put the Commissioners in this place. He shouldn’t have asked them to serve. With the greatest respect, people are likely to say that if you had [held consultations] you would not have come up with these Commissioners,” Senator Nicholson said.
Last week, Prime Minister Golding announced that the Commission will be chaired by attorney-at-law Emil George.
The other members are retired Permanent Secretary Anthony Irons and attorney-at-law Donald Scharschmidt.
Legal challenge
Meanwhile, Senator Nicholson has declared that the Opposition is not ruling out mounting a legal challenge against the Commission.
According to Senator Nicholson, even where the Commission is made up of qualified and competent people, the perception of bias may be a basis to legally challenge it.
This he says this could be similar to the action brought against the Finsac Commission of Enquiry.
However, Senator Nicholson adds that while the People’s National Party is considering the challenge, Prime Minister Golding still has the power to stop it.
“Oh we certainly would consider it but the Prime Minister does not have to allow us to go that far, all he has to come out and do is clear the air. We must have closure to this thing and we need closure and openness and the will to have the matter firmly resolved. The person who sits at the apex of the whole thing is the Prime Minister, he can resolve all of these things,” Senator Nicholson said.
Foreign chairman
And the Opposition is suggesting that one way to ensure that the Commission appears independent, is to look overseas in finding a Chairman.
Senator Nicholson says there are judges in other Commonwealth jurisdictions, who may be able to sit on the Commission at no cost to tax payers.
“There would be nothing wrong with bringing a foreigner to chair this Commission. Within the Commonwealth you can find governments who will lend you someone for free, they will do that,” he said.
Gov’t mum
In the meantime, the Government has remained silent on claims that two members of the Manatt/Dudus Commission of Enquiry have ties to the administration.
When contacted Monday night Information Minister Daryl Vaz said there was no response to the allegations.
He also said he was not aware of Prime Minister Golding making any statement on the matter during Tuesday afternoon's sitting of Parliament.
Opposition could legally challenge composition of Manatt Commission
Senator A.J. Nicholson. (Gleaner Company photo) There could be a legal showdown between the Opposition and the Government concerning the Commission of Enquiry into the extradition of Christopher "Dudus" Coke and the hiring of the US law firm Manatt Phelps and Phillips.
The Commission is now mired in controversy following allegations made against two of the members.
There are increased calls on Tuesday morning for Prime Minister Bruce Golding to withdraw the panel of Commissioners, which was unveiled a week ago.
JLP ties?
The calls have intensified in the past 48 hours following a newspaper report which claimed there are ties between two of the members and the ruling Jamaica Labour Party.
Opposition Spokesman on Justice Senator AJ Nicholson, says this has serious implications for the Commission.
He says the public's perception of the Commission is important, and on that basis the Commissioners should be changed.
“When someone speaks to the likelihood of bias, one is not necessarily speaking to the integrity of the Commissioners. For a fact, the Prime Minister, assuming that these things are true, has proven that these things are known to him, he should not have put the Commissioners in this place. He shouldn’t have asked them to serve. With the greatest respect, people are likely to say that if you had [held consultations] you would not have come up with these Commissioners,” Senator Nicholson said.
Last week, Prime Minister Golding announced that the Commission will be chaired by attorney-at-law Emil George.
The other members are retired Permanent Secretary Anthony Irons and attorney-at-law Donald Scharschmidt.
Legal challenge
Meanwhile, Senator Nicholson has declared that the Opposition is not ruling out mounting a legal challenge against the Commission.
According to Senator Nicholson, even where the Commission is made up of qualified and competent people, the perception of bias may be a basis to legally challenge it.
This he says this could be similar to the action brought against the Finsac Commission of Enquiry.
However, Senator Nicholson adds that while the People’s National Party is considering the challenge, Prime Minister Golding still has the power to stop it.
“Oh we certainly would consider it but the Prime Minister does not have to allow us to go that far, all he has to come out and do is clear the air. We must have closure to this thing and we need closure and openness and the will to have the matter firmly resolved. The person who sits at the apex of the whole thing is the Prime Minister, he can resolve all of these things,” Senator Nicholson said.
Foreign chairman
And the Opposition is suggesting that one way to ensure that the Commission appears independent, is to look overseas in finding a Chairman.
Senator Nicholson says there are judges in other Commonwealth jurisdictions, who may be able to sit on the Commission at no cost to tax payers.
“There would be nothing wrong with bringing a foreigner to chair this Commission. Within the Commonwealth you can find governments who will lend you someone for free, they will do that,” he said.
Gov’t mum
In the meantime, the Government has remained silent on claims that two members of the Manatt/Dudus Commission of Enquiry have ties to the administration.
When contacted Monday night Information Minister Daryl Vaz said there was no response to the allegations.
He also said he was not aware of Prime Minister Golding making any statement on the matter during Tuesday afternoon's sitting of Parliament.
Comment