JLP must own Tivoli inquiry

Ronald Mason, Contributor

This country never fought physical battles to secure its Independence. However, there have been significant periods of intermittent violence, unleashed in an organised manner each against our own. It is painful, searing and, in instances, there have been no rationale to explain this occurrence.

The most recent Tivoli Gardens violence of May 2010 is now more pronounced in the public domain, being used for a questionable purpose.

The Jamaica Labour Party (JLP) formed the administration of the country in 2010. Fact. Bruce Golding was the prime minister in 2010. Fact. The said Bruce Golding was the member of parliament for the constituency of West Kingston and Desmond McKenzie was, in 2010, the councillor for the Tivoli division. Fact. Christopher 'Dudus' Coke was the criminal kingpin operating from a position of strength and dominance in the said Tivoli Gardens division, in the constituency of West Kingston, during the tenure of Bruce Golding and Desmond McKenzie in 2010. Fact.

It came to pass that the United States government began the process to have Dudus extradited from Jamaica to stand trial. Fact. Prior to the extradition request, the said Dudus had never been brought to trial in any court in Jamaica. Fact. He was the personification of untouchability. What was also apparent is that the powers that be up to 2010 had found it acceptable that Dudus should enjoy immunity from having to answer for the allegations of criminal activity.

The JLP, between 2009 and 2010, challenged the authenticity and method used by the USA in seeking the extradition of Dudus. They did so with a resolve that caused consternation across the country. Dudus took flight, the manhunt was launched. The stakes for the government of the day brought the administration unwelcome scrutiny, which led to strain within the ranks of the JLP.

The JLP administration finally capitulated and allowed the extradition request to proceed. The lubricated conduit was made operational. The state of emergency was brought into effect for only the fourth time in the history of modern independent Jamaica.

It is then that the events began which are now the subject of the proposed Tivoli Gardens commission of inquiry. Here comes the dominance of the political consideration. The administration of which Andrew Holness was a senior member, with long, deep affiliation with Tivoli Gardens, put in motion the events that led to the untimely death of between 70 and 100 citizens who were seen as being supportive of Dudus and the JLP administration.

JLP DREADING INQUIRY

At this time, the party does not look forward to the inquiry. The law which governs commissions of inquiry has been amended to increase the penalties for non-participation. The JLP now reluctantly states it intends to participate. However, given the desire not to participate at all, what better way to bring about their non-participation than to move heaven and earth to cause the inquiry not to be conducted.

The JLP has succeeded in having a questionable commissioner removed. Next come the rumblings on choosing a replacement. The Opposition JLP wants to be consulted and allowed an input in the replacement choice, where the law does not obligate the Government so to do. It would be an act of good governance for the present administration to engage with the Opposition. Allow the JLP to have part ownership of the commission. If this is not done, we can readily anticipate the JLP's response to any findings which portray it in the negative. We await the likely response.

The Government will have to appoint as a replacement as pure and innocuous a person as can be found. This, nevertheless, may be usurped by the new opportunity afforded the JLP by the conveniently timed press conference of the public defender, who is leaving office April 4. His comments, and the reply by INDECOM, on the ballistics tests becomes the new horse from which the brigade charge will be led. No commission of inquiry. Give us a coroner's inquest. Drag it out for years. Better yet, just provide more money. Some J$100 million has already been paid out.

This has become so convenient for the JLP. The Labourites cannot escape the responsibility which comes with being the administration under whose watch the events unfolded. The JLP will, however, do everything in its power to spread the blame around. The JLP will move heaven and earth to cast in negative light any report to be submitted by the commission.

The final fact is that the JLP caused the 'incursion', the JLP ordered the incursion, the JLP must now own the outcome. Where were the human-rights considerations then, Mr Holness? Nothing like an interfamily dispute which becomes deadly, for the innocent bystander.

Ronald Mason is an immigration attorney, mediator and talk-show host. Email feedback to columns@gleanerjm.com and nationsagenda@gmail.com.