Don't give JLP an excuse, Velma

By George Davis

Ever since she was named one of the three commissioners to preside over an enquiry into the West Kingston military operation of May 2010, the ears of Queen's Counsel (QC) Velma Hylton have probably been ringing louder than bells on Sundays at 12 o'clock.

The debate over whether she should remain on the panel is interesting because of the differing strategies which her presence, or absence, will support.

The member of parliament (MP) for west Kingston, Desmond McKenzie, wants her to have no part in the proceedings. This over comments she made at the Tivoli enquiry in February 2002 that the security forces would be have been justified in shooting at women and children acting as human shields for gunmen in that deadly confrontation with the security forces on July 7, 2001. McKenzie is clear that such a position betrays a bias against the people of Tivoli Gardens, hence Velma Hylton cannot now be expected to be impartial in her work as a commissioner for another Tivoli enquiry.

The lukewarm support by the Jamaica Labour Party (JLP) for McKenzie's push to have Ms Hylton removed from the panel of commissioners, by writing to the governor general and international rights organisations, is itself highly suggestive of a different strategy being pursued by the party. It would appear as if the JLP, perfunctory noise about Hylton's comments apart, would not be unhappy to see her remain on the panel of commissioners.

STRONG BASIS FOR DENIAL

Given the refusal of the Opposition to contribute to the terms of reference that will guide this enquiry, and its previous statements about not wanting to legitimise the enquiry through its participation, the presence of Velma Hylton as a commissioner gives it a strong basis from which to dismiss any findings of the tribunal.

Follow me. If someone the JLP clearly believes is biased against the people of Tivoli Gardens presides over an enquiry into atrocities committed against people from the said community, the JLP can always cry at the end of the proceedings that such a reality robs the commission of drawing any im-partial conclusion about the events which occurred during the hunt for Christopher 'Dudus' Coke.

Usually, the findings of such a tribunal are rejected if, at the end of proceedings, it's discovered that a commissioner had previously made disparaging remarks about the people and/or community at the centre of the proceedings. The JLP is probably seeing as a gift the fact that it already believes QC Hylton to be biased, so it already has reason to reject the commission and its findings, even before the proceedings are brought to order. Yesterday's parliamentary walkout was the first major salvo.

WHO WILL SUFFER?

So with the JLP MP working at one end, and his party working at another end, with different goals in mind, the question of who wins and who suffers does materialise. Undoubtedly, it's the people of Tivoli who will suffer as a result of the politics being played by their individual political representative, the Opposition, and the ruling political administration. This contrived suffering of the people is to be condemned. But then again, when since has political point-scoring in Jamaica been tempered by what is in the best interest of the people?

As for Velma Hylton, I know not if she's biased against residents of Tivoli Gardens and West Kingston in general. In her role as counsel for the commission 12 years ago, she, like any good lawyer, said what she felt was in the best interest of defending her clients. I don't know if those Tivoli residents who recall what she said in February 2002 in her final submission to the enquiry will believe she can be fair towards them in this new tribunal.

The fact that I don't know these things and can't give her the benefit of what are legitimate doubts, based on her own words, means I must agree with the call for her to recuse herself. This, as any reasonable person must be able to assume that this enquiry will be free of bias and inequity. Her presence puts fairness in doubt.

Velma Hylton has distinguished herself in so many areas that at this stage of her career, she doesn't need to allow herself to be used as the pitch on which this furious game of political football will be played.

Selah.

George Davis is a journalist. Email feedback to columns@gleanerjm.com and george.s.davis@hotmail.com.