Free up the commission

You have to assume that when the prime minister of this Jamaica Labour Party (JLP) government set up the commission of enquiry (COE) into the Manatt-Dudus affair, he really wanted the truth to come out. At the very least, he would wish his version of the story to become accepted as the whole truth.

You would, therefore, expect that the PM would put in place all the necessary arrange-ments for the COE to get at the truth, and for the findings of the commis-sion to be considered credible and, therefore, accepted by all.

All the relevant documentation must be made available (no excuses about secrecy and confidentiality), and all the relevant players must be freed up to give testimony (no excuses about possession of privileged information).

Establishing the COE was a good thing, but if the prime minister has not put in place these ancillary but essential arrangements, we have to question whether he really wants the whole truth to emerge, and we have to come to the conclusion that the whole thing is a colossal farce!

What are the facts? Justice will not appear to be done if the accused chooses his judges, even if he has the legal power to do so. As reputable as the commissioners may be, the way they were appointed must raise red flags. Knowing that appearances are important, the PM could have found a way of distancing himself from the appointment of the enquirers into his conduct. The arrangements for this COE did not begin in a manner inspiring confidence in its findings.

Harold Brady is a major actor in this saga. By all accounts, including his own, he was the playmaker, the one who hired Manatt, Phelps & Phillips (MPP) on behalf of the Government of Jamaica (GoJ), or the JLP, the one who briefed MPP on the job they were to do, the one who paid them their fees. He did not do this on his own behalf, but on the behalf of his client - either the GoJ or the JLP. Harold Brady is refusing to testify before the COE on the grounds of attorney-client privilege.

Waive attorney-client privilege

Now if Mr Brady's client is the GOJ, its head - Prime Minister Golding - is the person who established the COE to find out the truth, and I would expect the PM to quickly come out in public to waive any attorney-client privilege which would constrain Mr Brady from telling the country the truth. If Mr Brady's client is the JLP, its leader - Mr Golding - is the person who established the COE to expose the truth, and I would expect the party leader to quickly come out in public to waive any attorney-client privilege which would constrain Mr Brady from telling the nation the truth.

Since Mr Brady refused to testify before the commission on the grounds of attorney-client privilege, there has been a deafening silence from both Prime Minister Golding and Party Leader Golding. Does Mr Golding really want the truth to come out during this COE?

If Mr Golding did not establish the COE to expose the truth about the Manatt-Dudus issue, why then did he establish it? Some people believe Mr Golding did not establish the CoE willingly, but was put under extreme pressure to do so by the Church and by powerful elements in the private sector. If this is true, more power to the Church and the private sector!

But then we must ask: "Why did these powerful forces pressure the prime minister to establish the COE?" Do these powerful forces want the truth to emerge? If yes, their initial resolve must have already evaporated, for they cannot be happy at the way the commission was appointed, or at the convenient claims of attorney-client privilege. It would seem to be time to apply some more pressure before their initial good efforts dissipate into futility.

If the rumours of extreme pressure are untrue, maybe we have to question the quality of Mr Golding's judgement. Whatever the truth or value of the findings of the COE, can Mr Golding come out looking good afterwards? If he was not under pressure, why would he put in place a process which would be a lose-lose proposition for him, no matter what the outcome?

It is not too late for Mr Golding to cement his place in Jamaican history. He can pilot this nation out of gangsterism and cronyism by dismantling the garrisons and reducing corruption. Free up the commission of enquiry, Mr Golding!

Peter Espeut is a sociologist and Roman Catholic deacon.