EDITORIAL - What Ms Hylton should do

We maintain our view of Velma Hylton as a competent jurist who is capable of honestly assessing facts and arriving at conclusions, untainted by personal bias. She, therefore, can be a worthy member of the panel asked to enquire into the May 2010 events in Tivoli Gardens, when at least 76 civilians were killed.

We also believe that Andrew Holness displayed fear or abject cynicism in his party's early approach to the proposed enquiry. Eschewing risk, he hoped that political circumstance would align in his favour. Another characterisation: poor leadership.

The deaths we referenced took place when the security forces attempted to enter the west Kingston community to arrest the reputed enforcer, drug trafficker and gunrunner, Christopher Coke, and were repelled by armed irregulars. Earl Witter, the public defender, said in a report on the matter that at least 44 of the deaths appeared to be extrajudicial killings, presumably by the security forces.

Mr Witter proposed a commission of enquiry to delve deeper into the issue and to place the searchlight of truth on exactly what happened in Tivoli Gardens, a stronghold of Mr Holness' party, and an area where Coke operated with impunity.

Several months ago, when the Government published draft terms of reference for the enquiry, the JLP declined the invitation to comment on them. Mr Holness rejected the idea of the public enquiry, arguing that it would be a means for the administration and the governing People's National Party (PNP) to vilify Tivoli Gardens and gain political mileage ahead of the next general election.

We believed then, as we do now, that that posture was an abrogation of responsibility on the part of the Opposition. It was the duty of the Opposition and Mr Holness to ensure that the commission's terms of reference were the best possible, would help to get at the truth, and, in the end, assist in promoting the interests of all Jamaicans.

Just lately, ahead of publicly naming the three commissioners - Ms Hylton, David Simmonds, the chairman, and Hazel Harris - Prime Minister Portia Simpson Miller invited Mr Holness, by private letter, to comment on the nominees. He did not respond, saying later that the three days he was given to do so was insufficient. Mr Holness did not ask for additional time, so there was no opportunity for it to be granted or refused. Mr Holness' action, in our view, was a failure of leadership.

Sensitive to Opposition's criticisms

This brings us back to the Government's choices, especially of Ms Hylton. Again, her competence and honesty we do not question. Nor do we believe she would be a biased commissioner.

But in retrospect, the Government should have anticipated, and perhaps been more sensitive to, the Opposition's criticisms of her remarks as an attorney during a previous Tivoli Gardens enquiry a dozen years ago, about the right of the security forces to return fire even when women and children use themselves as shields for gunmen.

The enquiry, we feel, is too important to be undermined by political controversy even before it gets off the ground. In that regard, we suggest to Ms Hylton that rather than allow the enquiry to become about her, instead of what took place in Tivoli Gardens, she recuse herself and not put Prime Minister Simpson Miller in the invidious position of having to rescind the appointment.

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