Clarifying reduction in public defender funding

I write to allay concern over reports of a reduction in the allocation of recurrent expenditure for the Office of the Public Defender, in the Estimates of Expenditure for the financial year, April 1, 2011 to March 31, 2012. While I am gratified by the apprehension in certain quarters, it deserves to be made clear that the allocation has actually been increased (albeit modestly), not reduced, over the allocation for the last financial year.

The approved estimates for financial year 2010-2011 were $73,053,000. That sum was increased by $16,845,000 in the revised estimates for that year, for the sole purpose of facilitating our investigations into the Tivoli Gardens, as well as the death of Mr Keith Clarke in May 2010. That was, therefore, a one-off disbursement which increased the total allocation for the past financial year to $88,898,000.

The approved estimates for the current year are actually $73,425,000. You will observe, therefore, that there has been a marginal increase of $1,372,000 over the year 2010-2011. This increase is attributable solely to emoluments.

no cause for concern

The perceived reduction, which has raised concern, can, therefore, be put to rest. For no one anticipates a recurrence (or anytime soon) of the cataclysmic events of last year. Thus, there is no need for any anticipatory allocation.

I take the opportunity to let you know that (as the honourable minister of finance expects) I shall presently be making strong representations to him for an increase in allocation in the current financial year. With that, I should be equipped to recruit additional personnel to assist me in carrying out investigations in relation to which there has been a troublesome backlog: even prior to our receipt of near 1,000 complaints (including allegations of more than 50 extrajudicial killing) in connection with the deaths of more than 70 persons who died in course of the incursion.

I wish also to urge you and other media houses to cease propagation of the idea that "the May 2010 military-led operations ... left 73 civilians dead". The actual body count has been variously put at that figure (sometimes described as 'official') but at other times, as high as 200. The precise figure is one of the important questions which I expect will be settled by a commission of enquiry into those operations, which I yet devoutly hope will be appointed in due course.

The honourable prime minister has correctly announced that this office, as an investigative outfit, will not be in a position to assist that commission, in the fulsome way that we should wish, until completion of the ballistics side of our probe. As presently advised, that will likely be by or about September this year.

W. Earl Witter, QC, JP, is Jamaica's public defender.