MOUs need to be changed - Lightbourne
Published:Tuesday | March 15, 2011 | 12:00 AM
Gary Spaulding, Senior Gleaner Writer
Minister of Justice and Attorney General Dorothy Lightbourne yesterday revealed she informed Prime Minister Bruce Golding that controversial memoranda of understanding between Jamaica and foreign states need to be revamped, as attorney representing the People's National Party (PNP), K.D. Knight, brought the curtain down on his cross-examination with a late-evening flurry.
"I have advised the prime minister that they cannot be used," declared Lightbourne in response to a question from Knight. "I pointed out to him that the MOUs are unconstitutional and they must be revisited."
The justice minister said she advised Golding about three weeks ago.
However, Lightbourne quickly explained that the proposal to Golding had not yet been put in writing.
"They (representatives of the attorney general's office) have not yet put anything in writing."
Asked by Knight whether this was a considered opinion by members of the attorney general's chambers, Lightbourne said it was her position, but disclosed that Solicitor General Douglas Leys was in agreement with her.
Busy weeks
In response to Knight's query about whether there was any reason why the proposal was not put in writing, Lightbourne said the past three weeks had been quite busy.
In response to another question from Knight, Lightbourne initially told the commission that her legal position had been communicated to the Ministry of National Security (MNS), but she later backtracked.
Asked Knight: "Did you advise the MNS that they cannot be used?"
Lightbourne: "I will not be interrogated!" she protested.
During cross-examination two weeks ago, Minister of National Security Dwight Nelson said the MOUs had not been brought to Cabinet.
The Government has contended that two secret MOUs, which were signed in 2004 by former Minister of National Security Dr Peter Phillips without the knowledge of Cabinet, was in breach of constitutional provisions.
Asked Knight: "Who did you advise in May of last year?" Lightbourne replied: "I can't recall."
Knight reminded Lightbourne that Golding had characterised the MOUs as a good crime-fighting tool, to which the attorney general responded, "They ought to be. They are a crime-fighting tools".
Host of charges
With that, Knight brought the curtains down on his cross-examination with a host of charges against Lightbourne.
He suggested that her request for another photograph of Coke was a ruse to stall the extradition process.
"What did you want, a portrait?" asked Knight.
"No," responded Lightbourne.
Lightbourne dismissed Knight's suggestion that the attitude of the Government signalled to Coke that he was untouchable.
"You had Coke believe that you would have protected his constitutional rights, but you did not," declared Knight to a protesting Lightbourne. "You bowed to the relentless pressure of the people, causing you to abandon Coke."
Knight referred to Golding's statement in the House of Representatives that constitutional rights did not start at Liguanea, in reference to the location of the United States Embassy.
"That's when he said if you sign, you should resign," quipped Knight.
"You cannot abdicate your responsibility," declared Knight. "I suggest to you that you used your authority to thwart the extradition process in a vulgar and corrupt way."
He added: "You have been untruthful to the Senate, the country, and the enquiry, and in so doing, you have demeaned your positions."