Enquiry head named - Former Chief Justice to head Commission on W/Kgn violence

GRENADIAN-BORN Justice, Julius Alexander Issac, a former Chief Justice of the Federal Court of Canada, has been named chairman of the commission to enquire into the upsurge of violence in Corporate Area inner-city communities since May.

Prime Minister P.J. Patterson made the announcement in a release from Jamaica House last night. The other members of the Commission are Dr. Hyacinthe Ellis, legal consultant and the Rev. Dr. Garnet Brown, head of the Church of God in Jamaica. The secretary to the commission will be Louella Maloney, a director in the Ministry of National Security and Justice.

The release also included the Terms of Reference of the Commission which will involve, basically, enquiring into all factors and aspects concerning the upsurge of violence since May 2001 in a number of urban communities, "including Fletcher's Land, Hannah Town, Wilton Gardens, Rose Town, Arnett Gardens, Matthews Lane, Denham Town and Tivoli Gardens".

In his release, Mr. Patterson said he had written to Governor-eneral Sir Howard Cooke yesterday advising him on the membership of the Commission of Enquiry.

"I believe the persons to be appointed possess the necessary competence, experience and objectivity to undertake this assignment," Mr. Patterson said.

He said in the light of representations made by the Jamaica Labour Party (JLP), he had advised the Governor-General of a number of amendments to the Terms of Reference of the Commission. He said the Government would make available all necessary resources to facilitate the work of the Commission.

In a response to the Prime Minister's release, JLP deputy leader Ed Bartlett, said the announcement and its implications were being studied by the party's Standing Finance Committee last night and the party would issue a statement today.

He said this was being done against the background of the discussions already taking place between the parties under the leadership of the Private Sector Organisation of Jamaica (PSOJ) and the proposals "put on the table" by the JLP in relation to the Terms of Reference and composition of the Commission of Enquiry.

Under the Terms of Reference, the Commission will have the right to bar the public or the media from the proceedings and is at liberty to submit interim report(s) as it may find necessary.

Information provided by Jamaica House on the Hon. Justice Issac showed while he was born in Grenada, he was educated at the University of Toronto. He has been a member of the Canadian bar and a Queens Counsel since 1975, Justice of the Court of Ontario (1989), Chief Justice, Federal Court of Canada (1991) and Supernumer-ary Judge with the Federal Court of Appeal(1999).

The Terms of Reference of the Commission are as follows:

"To enquire into and report on all factors and aspects concerning the upsurge of criminal violence since May 2001 in a number of urban communities within the Kingston Metropolitan Region, including the communities of Fletcher's Land, Hannah Town, Wilton Gardens, Rose Town, Arnett Gardens, Matthews Lane, Denham Town and Tivoli Gardens.

"(a) to examine the causes and circumstances relating to the criminal activities including the presence and/or use of illegal weapons, ammunition and narcotic drugs within the affected communities;

"(b) to enquire into and report on whether and to what extent the upsurge of violence and criminality is linked to external connections and illegal enterprises dealing in drugs, illicit weapons, money laundering, extortion of money and other elements of organised crime;

"(c) to enquire into the conduct of the Security Forces in carrying out law enforcement functions in the affected communities.

"2. To enquire into and report on the reason(s) and motive(s) for the presence of the Security Forces in the vicinity of Denham Town and Tivoli Gardens and their environs during July 7-10, 2001 and to determine whether the Security Forces came under gun fire or were otherwise impeded in the execution of their duties whilst in the aforesaid vicinity and/or environs.

And further:

(a) to enquire into and report on the causes and the circumstances which were responsible for creating the ensuing upsurge of violence and the ravages arising in the aftermath of such violence;

(b) to enquire into and report on the causes and circumstances in which civilians and security personnel lost their lives or were injured; the movement or non-removal of deceased bodies during the period of conflict;

(c) to ascertain and report on whether the rights of any person(s) were violated in the affected communities;

(d) to enquire into and report on the causes and circumstances relating to any attacks launched against the Security Forces, including police stations, vehicles and equipment;

(e) to enquire as to what damage, if any, ensued to the property and assets of residents, businesses and vendors and to report on the causes and circumstances which so occasioned it;

(f) to enquire into and report on the deployment, operation and conduct of the Security Forces within the precincts during the period in question;

(g) to enquire into and report on the causes and circumstances which are responsible for the loss of lives, the establishment of roadblocks and other forms of disruption in several communities throughout Jamaica in the aftermath;

(h) to identify, wherever possible, the persons or organisations which may have participated in or contributed to the actions at (a) - (g) above.

"3. To make recommendations that will assist the Security Forces in effectively and professionally discharging their responsibilities for the maintenance of law and order in the aforesaid and similar communities without endangering their own safety or that of innocent persons.

"4. To submit recommendations as to the measures which would contribute to permanent and effective solutions for a more peaceful social order in the affected communities; to the building of community esteem; the enhancement of relationships between the Security Forces, residents and businesses within these areas; the control and reduction of criminality; the retrieving of illegal guns, ammunition, other offensive weapons and illicit substances and the proper safeguard and accountability for whatever may be seized.

"5. To determine which of its sittings are held in public or in private, having special regard to issues of national security, concerns relating to the fear of reprisals and the possibility of civil and criminal proceedings resulting from the facts and circumstances giving rise to the enquiry.

In light of the foregoing, the Commission should, in relation to the conduct of the enquiry, decide the extent to which it is desirable and practicable for any recording or publication of its proceedings to accord with the procedure for hearings before the Supreme Court.

"6. To submit a final report so soon as possible but be at liberty to submit any interim report(s) as it may find necessary."

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