Seaga's lawyers quit enquiry

Dabdoub (left) and Isaac (right)

LAWYERS REPRESENTING JLP Leader Edward Seaga and Councillor Desmond McKenzie of the Tivoli Gardens Division, say they will take no further part in the Commission of Enquiry probing the July 7 to 10 incidents in West Kingston which left 27 people dead.

They walked out of the enquiry on October 1, after Commission Chairman Justice Julius Isaac ruled that they would not be allowed to cross-examine witnesses who did not mention their clients' names.

Yesterday the JLP said it would boycott the enquiry because of the "hostile attitude" of Justice Isaac toward the lawyers representing Mr. Seaga, Councillor McKenzie and the Denham Town and Tivoli Gardens Citizens' Associations.

Justice Isaac, a former Chief Justice of the Federal Court of Canada was also singled out for his "inappropriate conduct" in sleeping on several occasions while testimony was being given. That, according to Patrick Atkinson, of counsel, was "indicative of either a lack of interest in the proceedings or of a mind that has already made a decision but is merely going through the motion for the sake of appearances". He said that such an action was grounds for appeal or mistrial in either a civil or criminal case.

The lawyers have advised their clients not to testify before the commission. The decision which was announced at a press conference at Le Meridien Jamaica Pegasus Hotel, New Kingston, is an about-turn for the JLP. "When we asked for an enquiry we thought it would be fair," Senator Dorothy Lightbourne, attorney, said.

The decision has dealt a blow to the commissioners' efforts at getting civilian witnesses to testify before the enquiry which began in September. To-date only three civilian witnesses have testified; the others were members of the security forces.

Yesterday, the JLP accused the commission and its commissioners of being biased. "The attorneys were in full agreement that as presently constituted and conducted the Commission of Enquiry lacks fairness or even the appearance of fairness," Mr. Atkinson said. He said it was the view of the JLP's legal team that the probe was not designed to arrive at the truth of the atrocities which occurred between July 7 and 10 in Western Kingston.

He rapped the commissioners for what he said was their failure to visit the location before or during the period when critical evidence was being adduced, even after being alerted to the fact that evidence may be tampered with and destroyed. He described as discrimination, the refusal to allow them to cross-examine witnesses.

According to Mr. Atkinson, the JLP lawyers had more legitimate reasons than the PNP lawyers for being represented at the commission, yet they (PNP) were allowed to cross-examine witnesses.

Other reasons cited for the withdrawal was the:

Failure of the commission to carry out an investigating rather than an adversarial proceeding -- this being demonstrated by its failure to secure vital evidence such as station diaries and other important police records.

The position taken in not allowing all witnesses whether police, civilian or those injured to testify.

Abe Dabdoub, Mr. Seaga's lead lawyer, insisted that the decision was strictly a legal one which was not arrived at lightly. He said no consideration was given to the political consequences for the party. He suggested the JLP would conduct its own enquiry when next it forms the Government.

He criticised Justice Isaac, charging that the Government had to be aware of his controversial past when he served as Chief Justice of the Federal Court of Canada.

The other commissioners are Dr. Garnet Brown and Dr. Hyacinthe Ellis.

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