THE EDITOR, Sir:
I HAVE read a letter from the Attorney-General and Minister of Justice, Mr. A.J. Nicholson, in The Gleaner of April 24, 2004 purporting to respond to an earlier letter from me criticising the acceptance of a gift of a stand-by generator from the United States Government for the Supreme Court building.
I had hoped that I would have been enlightened by the letter but this was not to be. Much heat was 'generated' but no light.
The Attorney-General agreed with a quotation in my letter but then proceeded to amend it by substituting 'external assistance' for 'external interference' and on that basis embarked upon what lawyers call 'a frolic of his own', which, fuelled by sophistry, semantics and non sequiturs took him from Justice Square in Jamaica by a circuitous route on a 'global' trek which ended at the Privy Council (his red flag) in the United Kingdom. Instead of responding to what I (Hay) had written he set up his own 'straw men' and proceeded to knock them down.
Intelligence on the ground is that sometime ago a reputable firm of local lawyers ('upright and decent') made an offer to supply the Supreme Court with a stand-by generator but that this offer was correctly refused. The questions of its propriety and of justice being compromised or appearing to be compromised were considered. I have no personal knowledge of this matter.
A report in The Gleaner of February 27, 2004 told of the gift of 'two luxury chairs' valued at $40,000 by the St. Catherine Co-operative Credit Union for use by resident magistrates presiding in the Linstead Court. It is my opinion, with the greatest of respect, that the acceptance of this gift was, even when viewed in the most favourable light, inappropriate.
Mr. Nicholson as Attorney-General, leader of the Bar, Chief Law Officer of the Government and Minister of Justice, to boot, must immediately take the matter of gifts to the institutions of justice and their officers under advisement. It matters not whether such gifts be called alms, bounty, dole, donation, 'freebies', baksheesh or even assistance. Best practice must be defined, guidelines must be established, codes must be drafted and laws enacted.
Lord Hewart said, "It is not merely of some importance but is of fundamental importance that justice should not only be done, but should manifestly and undoubtedly be seen to be done."
I am, etc.,
BERESFORD HAY
P.O. Box 1191
Kingston
