Extension would have been ultra vires, unlawful

The Editor, Sir:

Much has been in the media about the failure of the Government to extend the state of emergency for 30 days and the lack of cooperation of the Opposition to supply the necessary votes on July 20, to give effect to the extension. The real question is: Was there a state of emergency existing on July 20, under the Constitution, for an extension to be granted?

I think not, because there was no evidence that such a state existed to justify an extension, and so the request of the security forces for one, and the motion in Parliament for it to be granted were not only ill-conceived, but were ultra vires and unlawful, and if the motion was successful, it would only give effect to endorsement of a police state repugnant to the Constitution.

Incompetence

It is, therefore, fortunate that the incompetence of the Government in not having a sufficient number to carry the vote resulted in the preservation of democracy with reference to the fundamental rights and freedoms provided under Chapter III of the Constitution, and all civilised society which is governed by the rule of law and the rule of law only and not by the dictates of misguided security forces and politicians who, with the best of intentions, seek to let the end justify the means.

In this context, it is easy for me to admit that I admire Minister of Security Senator Dwight Nelson and understand his noble intentions, but I need not remind him as one of the more knowledgeable among us, that it is said, 'The path to hell is paved with the best of intentions'; and I sincerely hope, in the interest of Jamaica, he will be guided by what is here and the country will forgive him, for to err is human, and to forgive is divine.

I am, etc.,

OWEN S CROSBIE

oss@cwjamaica.com

Mandeville, Manchester