Wit vs dim wit: Legal slugfest at hearing

Gary Spaulding, Senior Gleaner Writer

Last week's sitting of the Dudus-Manatt commission of enquiry morphed into a contest of wit versus dim wit, with the tactics and strategies employed by some of the lawyers leaving many lay observers mystified.

Public servants who had absorbed much of the battering from some of the attorneys during the first two weeks of enquiry got a welcome break as the spotlight at the Jamaica Conference Centre shifted to politicians. Indeed, with the lights from the cameras beaming on the proceedings, some of the attorneys seemed to be auditioning for their Hollywood moment.

At the centre of proceedings were Frank Phipps, the attorney for the Jamaica Labour Party (JLP), and his countervailing forces - K.D. Knight, the lawyer for the People's National Party (PNP), and Patrick Atkinson for Dr Peter Phillips, the former minister of national security. Phipps' tactics were as bold and brash as they were equally mystifying. He even found a way to urge the commission to invite Opposition Leader Portia Simpson Miller before the enquiry. But an immediate response to Phipps' suggestion was not forthcoming, except for the derisive buzz from a crowd of PNP supporters.

Wanted answers from simpson miller

Phipps wanted Simpson Miller, the prime minister in 2006, to answer questions on two memoranda of understanding signed by Phillips, and which had been kept all but secret until the end of the week.

As Peter Phillips took the hot seat on Wednesday, he locked horns early with Phipps, who attempted to make much of his acting alone, without the approval of Cabinet, when he signed the two MOUs as minister of national security.

Phillips had said he had not specifically told Simpson Miller about the existence of the classified documents, which had become the focus of attention in the earlier part of the week.

Many of the attorneys at the commission, with the notable exception of Phipps, shared the view that the contents of the MOUs should be kept private. However, their contents continued to trickle into the public domain through the questions and pronouncements of attorneys.

Breach of principles

For his part, current National Security Minister Dwight Nelson, in his testimony on Thursday, scolded Phillips for what he saw as a breach of the principles of collective responsibility and his oath of office by acting unilaterally in signing the documents.

Nelson revealed that the secret documents had been well concealed at Jamaica's military headquarters - Up Park Camp.

The sitting, replete with objections, slowed frustratingly to a snail's pace as Phipps continued to make heavy weather of the MOUs. As Phipps refused to back down in the face of the superior numbers against him, Phillips reached the end of his tether and sought the protection of the chairman. Phipps had brought some documents to ask questions about lobbying efforts, but each got shot down by Atkinson and his team.

Another feature of last week's sitting were the many in-camera retreats, initiated by commission chairman Emil George. Television cameras and tape recorders were on regular breaks as George rushed into chambers - too frequently, some lawyers contended - to resolve disputes and objections. Voices were raised all too often - notable among them, Atkinson's and Phipps' - triggering in-chamber assemblage of the legal minds. The objections were countless, precipitating even more behind-closed-door meetings.

Decorum was frequently tossed aside amid the verbal battles among men who praised the ideals of the law and the Constitution in one second, then proceeded to tell off their colleagues the next.

Not all lawyer-centred

But the drama of the sitting was not all lawyer-centred. There was palpable excitement when Dr Ronald Robinson, the former junior minister, told the commission on Monday that Golding had dispatched him to the United States to deal with Manatt, Phelps & Phillips.

Manatt's help was sought to extricate the Jamaica Labour Party or the Government from the mess it had found itself in with the US. The stir of excitement increased when Robinson said he had not received any instruction from Golding that the engagement with Manatt should be done on behalf of the Jamaica Labour Party and not the Government.

Robinson also shot down other claims made by Golding in his statement to the commission of enquiry.

Robinson was followed by a cameo appearance by Karl Samuda, the former JLP general secretary, on Tuesday.

Samuda slipped away shortly thereafter, leaving Robinson to resume batting on Tuesday.

Among the battery of lawyers appearing before the commission are Hugh Small, representing the prime minister; Frank Phipps, the Jamaica Labour Party; Lloyd Barnett, the attorney general, Dorothy Lightbourne; Winston Spaulding; Douglas Leys; and Patrick Bailey.

The lawyers appearing for the People's National Party and Dr Peter Phillips have been creating a stir as they counteract the strategies and tactics of Phipps, who seems determined to frustrate Atkinson at every opportunity.

It is not an easy task, even for the formidable Phipps, who seems to perform solo most of the time, while Small attempts to stay above the fray.

Knight, whose humorous injections have lightened many a burdensome session, always seems ready to assist Atkinson at the drop of a hat.

Adrenaline rush

Last week, there was some expectation that Prime Minister Bruce Golding would testify before the week was out, but that did not materialise. Only the impending appearance of Justice Minister and Attorney General Dorothy Lightbourne promises to be more eagerly watched. Lightbourne will be called to respond to claims made by Jeremy Taylor, the head of the Extradition Unit in the offices of the Director of Public Prosecutions, that she refused to act on legal advice given to her.

One wonders which of the two - Golding or Lightbourne - will trigger more of an adrenaline rush from the battery of attorneys for the People's National Party.

There is no doubt that many more will relish the moment.

gary.spaulding@gleanerjm.com