THE EDITOR, Sir:
YOUR EDITORIAL of the 5th April 5, 2005 on the subject of Air Jamaica stated clearly that "We have no reason to believe that any fraud or improper dealings have taken place at Air Jamaica, but clearly the com-mission must look into this."
However, in the article you ask, "Are the past board members personally liable as directors of the company to face penalties for the non-payment of statutory obligations?"
The question ignores the clear and well publicised explanation that the developments in that regard were part of a special arrangement with the Government in the context of the immediate problems which faced the airline during the period at issue.
Obviously that situation could not have developed as it did without some policy arrangement, particularly with the appropriate authorities making no claims of any impropriety, but on the contrary denying the existence of any such situation.
Since there is no wrongful conduct by the relevant persons in this issue, there can be no basis for any such question.
Although formulated as a query, the question is only relevant on the basis of an inherent assumption that the parties have been guilty of wrongful conduct. It is only from that implication that the question of whether they should suffer penalty for wrongful conduct could legitimately arise. This is contrary to the known facts.
The Air Jamaica issue is one of undoubted importance with scope for public discussion and comment on many important issues. At the same time it is also one which can, if unfairly commented upon, damage the reputation of various persons. There are many important issues of policy involved which warrant public debate. However, this must be driven by facts despite the inevitable differences of opinion which will exist.
I am, etc.,
WINSTON SPAULDING
(on behalf of the Air Jamaica Acquisition Group)
