Phillips got advice before signing MOUs
Published:Thursday | February 17, 2011 | 12:00 AM
Gary Spaulding, Senior Gleaner Writer
Former National Security Minister Dr Peter Phillips revealed yesterday that he solicited and received legal advice from the offices of the Attorney General and Solicitor General prior to signing the controversial memoranda of understanding (MOU) that have been the subject of much discussion at the Manatt-Dudus commission of enquiry.
Frank Phipps, the attorney representing the Jamaica Labour Party, made heavy weather of the two MOUs as he wrestled with Phillips on a contentious day at the enquiry.
"I got legal advice from the solicitor general and the attorney general," asserted Phillips.
With former Attorney General A.J. Nicholson conspicuously present at the enquiry, Phillips told Phipps that the solicitor general at the time was Michael Hylton.
The room of the Jamaica Conference Centre took on the flavour of a high-level People's National Party (PNP) event as the gamut of party officials, old stalwarts and several diehard supporters came out to support Phillips - the only thing missing was the customary red and orange paraphernalia.
During the cross-examination, Phipps steered his way to several collision courses with the attorneys representing the PNP as he sought to read from the MOUs.
Attorney for the PNP, K.D. Knight, contended that the commission was being inconsistent in allowing the content of the MOUs to be released as it had refused to allow the identity of the head of the Military Intelligence Unit to be divulged.
Highly inappropriate
Phillips' attorney, Patrick Atkinson, described the action of the commission as "highly inappropriate".
Knight and Atkinson received support from the attorney representing Prime Minister Bruce Golding, Hugh Small.
Small warned against the effects divulgence of the contents of the MOUs could have on future bilateral arrangements with other countries.
"I am speaking on behalf of my client and on my behalf as a former public official," Small asserted.
Commission Chairman Emil George suggested that the cross-examination be continued in camera.
Valerie Neita Robertson, another of the attorneys representing the PNP, slammed George when she moved to object to the ruling and he failed to identify her.
George also came under pressure from several attorneys who complained that he was not being firm and quickly retreated into the secrecy of the in-camera chamber.
Both George and Phipps later complained that many insulting remarks were being bandied about during the proceedings.
Both said they would not be tempted to respond.
As the cross-examination continued, Phillips said the MOUs he signed in 2004 harmonised with the process of intelligence gathering that formed international agreements involving Jamaica.
"The MOU does not add, circumvent or take away from the Mutual Assistance Treaty," argued Phillips.
He contended that the MOUs complement the Interception of Communications Act in facilitating the interception of communication which has to be permitted by a local court of law.
Full knowledge
From early in the meeting, Phipps challenged Phillips about what appeared to be more than passing knowledge of the extradition request merely a month after it was issued.
However, Phillips maintained that he had received word from US officials that they wanted to speak to Prime Minister Bruce Golding on a matter they deemed to be important.
"They spoke to me about getting in touch with the prime minister," Phillips told the enquiry in response to Phipps' queries.
"They knew that I was conversant in the matter," added Phillips, who ended his tenure as minister of national security in 2007.
Phipps also tackled Phillips about his claim in September 2009 that the Government was delaying in signing the authority to proceed only a month after the extradition request was dispatched to the Jamaican Government.
Phillips responded that subsequent developments had substantiated his concern.
He dismissed Phipps' suggestion that it was improper for the Jamaica Constabulary Force (JCF) to be involved before the official extradition request reached the Ministry of Foreign Affairs and Foreign Trade.
"The JCF must be alerted if there is a threat to impair public safety," asserted Phillips. "It is the custom," he added.
Phipps was making reference to reports that former commissioner of police, Rear Admiral Hardley Lewin, had spoken to National Security Minister Dwight Nelson about the pending extradition request.
Nelson is scheduled to face the commission today.
'The MOU does not add, circumvent or take away from the Mutual Assistance Treaty.'