Clash of the Titans
Published:Sunday | March 27, 2011 | 12:00 AM
Fiery exchanges at Manatt-Dudus enquiry
Gary Spaulding, Senior Gleaner Writer
It was a battle of wills between two urbane gentlemen on Wednesday and Thursday, but everything changed on Friday at a sitting in which lawyers and witness appealed repeatedly to Emil George, chairman of the Manatt commission of enquiry, to control the antagonists.
For the first two days, Prime Minister Bruce Golding was amiable, greeting the People's National Party battery of lawyers good-naturedly, and K.D. Knight was his mischievous self, cordially dispatching quips and repartees. Both gave as good as they got, and Knight, at one stage, even chastised Golding's attorney, Hugh Small, on Thursday, for taking himself too seriously amid biting exchanges between the two men.
But someone woke up on the wrong side of the bed on Friday morning, and suddenly, all semblance of civility disappeared.
Not for the fist time, Chairman George's hesitance in ruling did not help to bring back the previous days' civility.
As the lawyers pressed for action, a frustrated George lashed out at Knight, who complained strenuously about noise from the largely partisan crowd, which had turned out to support Golding.
Knight said: "If you will not control the noise, I will see to it."
George snapped testily. "I have been told too many times how to conduct these proceedings."
Curt responses
As the battle raged, Golding's curt responses were as sharp as Knight's piercing queries.
Then without warning, the exchanges exploded as Golding sought to elaborate on his answers while Knight demanded a concise yes or no.
When Knight told Golding: "You answer me!", a stone-faced prime minister informed a bewildered-looking George that he (George) was in charge as chairman.
When Knight asked Golding: "Did the minister inform you whether there were breaches (in the extradition treaty)?", Golding was not content simply to answer yes or no and refused to accede to Knight's demands.
Knight: "Mr Chairman, I did not come here in a belligerent mood. I came here to be penetrative. I hope that you can control the meeting or anyone who chooses to be pugnacious … . I have been respectful. I don't want any attitude … ."
But as soon as the attorney sought to press for answers, Golding continued to speak.
Knight objected, saying it was he who had asked a question.
"The chairman asked me a question," snapped Golding.
Knight complained that Golding was getting "fussy".
Small offended
As Small jumped into the fray, Knight snapped: "Watch the proceedings or go back to sleep!"
An offended Small thought Knight had said "Go back to school."
Small to George: "It is not the first time that these sotto voce comments are being made … . I am appealing to you to maintain control."
George (to chuckles all around): "I don't hear the sotto voce comments, but I am asking you to stop it!"
But George was unable to still the waters.
As the storm raged, a seemingly exasperated Hugh Small declared: "Mr Chairman, is it not in your province to see how these proceedings are conducted?"
George: "I have been very patient. We have been careful because (of) the media; we don't want to be seen to be taking the side of the JLP."
Small: "It can't be that you are going to allow these proceedings to go along, even with the media (present). You are the senior Queen's Counsel in Jamaica … ."
But even then, Golding and Knight would not relent.
With the exchange failing to flow, Knight requested an adjournment at 10:20 a.m., more than half an hour earlier than normal, to ease the tension.
It was in response to this request for an early adjournment that George suddenly got firm. "I think we can continue."
But Knight did not appear to see the need for another fight: "Mr Chairman, I am asking. You know that I don't usually make unreasonable requests … . Let's take it."
Mysterious Email
George's obvious reluctance to rule with conviction was highlighted earlier in 'the case of the mysterious email'.
George and fellow commissioners Donald Scharschmidt and Anthony Irons took a long time to accept the email which sparked a raid of the office of Solicitor General Douglas Leys, and got a senior secretary of the Justice Ministry, Verna McGaw, entangled in a series of allegations about her involvement in sending the email.
Their hesitance sparked a stern caution from Knight to the three commissioners.
Impassioned exchanges were generated around a claim by Oliver Smith, the attorney representing Leys, that the email was forwarded to Dr Lloyd Barnett, attorney for Justice Minister Dorothy Lightbourne, in January 2009.
"It's a search for the truth. My obligation is to prove that the document was not forged," said Smith. "Forwarding (the document to Barnett) substantiates its veracity."
Smith disclosed that he had given a copy of the email to Barnett, but it was rejected.
Patrick Atkinson, the attorney representing former Minister of National Security Dr Peter Phillips, told the commission: "What is being overlooked … . On January 15, it's purported that the document was sent to Lightbourne's attorney."
Barnett, Lightbourne's attorney, reserved comment claiming that it was a lawyer-client privileged matter. "I could not respond to Smith ... as it would be unethical. I wasn't instructed."
Knight countered that the "privilege" could not be attached to something that was non-existent.
No evidence
Another of Lightbourne's lawyers, Dr Adolphus Edwards, was opposed to the email being submitted. Edwards said there was no evidence that Lightbourne had received the email.
Knight: "I support to get the documents being put in. We are here searching for the truth. This is not a formal court setting. That which cannot assist that search ought not to be suppressed. There are few documents more important than this document. Consistently, it has been held in here that the rules are relaxed … . It can't be relaxed for some and not for others. If this is kept out, then the enquiry cannot come to a conclusion that represents a full picture."
As the three commissioners seemed uncertain of how to proceed, Knight argued, "The enquirers would be exposing themselves to what we as lawyers call 'apparent bias'.
"There can be no cover-up in the Manatt-Dudus enquiry," he added.
"There can be no protection … . Speaking for myself, I will not stand for it, the PNP will not stand for it, and the people of Jamaica will not stand for it."
George: "That lecture was inopportune ... . I did not rule."
Small: "I would suggest that you allow Ms Lightbourne to ... ."
But before he was done, Small was firmly told by Knight to "butt out".
"Are you the fourth commissioner?" asked Patrick Atkinson, the vocal attorney who sits beside Knight.
Smith declared: "The document is here and it's time that somebody takes responsibility."