THE EDITOR, Sir:THE NEWS that the Government has had to rely on the charity of the United State (U.S.) to provide a standby generator for the Supreme Court building has filled me with disgust.
A report on the handing over ceremony in Justice Square appeared in The Gleaner of April 7, last. Minister of Justice, A.J. Nicholson, who declared that he was not 'coy or shy in accepting gifts for the justice system' stated that "it was always felt that the State or the Government must find funds to ensure the whole running of the justice system but this was no longer the case". The corollary seems to be that Government's funds must be supplemented by alms and other freebies, to use the Minister's words 'as long as they are from upright and decent quarters'.
Why can't the Government afford a generator? What has happened to the billions of dollars which it has begged, borrowed and over-withheld and collected in taxes? What of the billions of dollars more which could have been collected if there was an efficient tax administration system? The mere gift of a generator is trifling but when it is realised that the U.S. has wormed itself into almost every facet of our law enforcement and justice process, while the Government is supinely and shamelessly accepting charity from that country, the apparent 'entente' is obnoxious. The generosity of the U.S. is not purely altruistic.
In the past I have not been 'coy or shy' to raise questions about the penetration of certain aspects of our justice system by the U.S. and our apparent acquiescence or collusion. In a letter published in The Gleaner as long as August 10, 1992 I wrote 'A nation which cannot finance and administer a system of justice and ensure the enforcement of its laws within its boundaries without external interference is a nation of wimps'. I am still of this opinion.
Common sense, the Common Law and in some jurisdictions, Codes of Ethics, discourage the acceptance of gifts by the institutions of justice and their personnel. If there is the possibility of justice being, or appearing to be, compromised, gifts are absolutely forbidden. For example, what faith can a person brought before the Court on extradition proceedings at the instance of the U.S. authorities have in the deliberation of the Court or the exercise of the Minister's discretion when the system is propped up by Yankee bounty although the judge(s) or Minister may act with utter propriety?
The U.S. should leave our Courts alone. If it owes Jamaica reparation then negotiate and pay. The recent photo-opportunity in Justice Square with its mixture of patronising and shamelessly subservient speeches was quite inappropriate unless we are mere 'mendicants with flag'.
I am, etc.,
BERESFORD HAY
P.O. Box 1191
Kingston 8
