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GG responds to call for pardon

Published:Thursday | December 1, 2011 | 12:00 AM
Sir Patrick Allen
The statement below was issued by King's House on November 29, 2011

GOVERNOR GENERAL His Excellency Sir Patrick Allen has said that although there have been calls for him to pardon Junior Christie, the Jamaican Constitution prevents such a unilateral action in matters adjudicated by the courts. A submission must therefore be made to the Privy Council before any action may be taken.

The governor general was responding to requests for him to pardon Junior Christie, the man who was sentenced on Thursday, November 24, 2011 for stealing ackees from the farm at King's House.

While the governor general says he is "pleased with Jamaicans' obviously deep sensitivity to issues of justice and equity, which augur well for us as a society", he has directed attention to the constitutional provision for his exercise of the prerogative of mercy. The governor general cited section 90 of the Jamaican Constitution, which states that: "in the exercise of the powers conferred on him ... the governor general shall act on the recommendation of the Privy Council."

This, therefore, means that the governor general acts on the advice of the Privy Council, and any other course of action will be ultra vires the Constitution.

Protecting the Judiciary

The governor general has observed that while the Constitution grants him the power to exercise pardon or substitute a less severe form of punishment, it also protects the integrity and independence of the judiciary by stipulating that the governor general must act in consultation with the Privy Council.

In spite of the fact that praedial larceny remains an ongoing problem at the King's House lands, over the years, produce from the farm at King's House has been used to assist hospitals and children's homes across the island. Produce has also been used to supplement meals for functions at King's House, and this has cushioned expenditure on the public purse.