The Editor, Sir:

It is customary for attorneys-at-law to have themselves properly briefed before opening their mouths; or worse, putting pen to paper. Hilaire Sobers seems to be violating this cardinal principle, because he obviously was not appropriately instructed by the entities that he purports to defend. The result is a letter defending the Public Service Commission, supporting Prof. Vasciannie and impertinently describing me as being confused.

My detractor needs to be told that I am a trained and experienced journalist who takes possession of all the relevant facts before writing an opinion. He should also be made aware that Patrick Foster, the acting Solicitor General, while faithfully reciting the law, in response to my article, carefully avoided the main point of my submission.

not seeking way out

When the Director of Public Prosecutions was asked for assistance by the Government of The Netherlands, it was in pursuance of possible prosecution of Trafigura and others allegedly involved in having " … bribed public officials of a foreign state, i.e. Jamaica". I cannot imagine that our DPP was searching for a way out of this request when he sought advice from the Office of the Solicitor General. However, that is precisely what he got.

Prof. Vasciannie duly acknow-ledged that both The Netherlands and Jamaica are parties to the United Nations Convention against Transnational Organised Crime; and he also correctly pointed out that Jamaica had not up to then taken the legal steps necessary to facilitate the requested assistance. An attorney for the defence might perhaps see this as a convenient loophole through which to avoid being investigated. However, I would expect the Solicitor General's office to instruct the DPP and the Government of Jamaica how to proceed to fulfil our country's legal obligations as signatory to an international treaty.

full defence in int'l law

Instead, Prof. Vasciannie pointed to the loophole and advised:

"Jamaica would have a full defence in international law in response to any Dutch claim to the effect that the country is not giving full effect to the terms of the convention."

It is reasonable to assume that the advice was that Jamaica should avoid cooperating with the Dutch; and that is, in fact, what happened at a time when the people of Jamaica were crying out for the matter to be pursued in the name of justice. In fact, it was the present Prime Minister who had broken the story and was leading the charge for deeper investigation. It, therefore, passes all understanding that right-minded persons should now be expecting a harmonious working relationship between Prof. Vasciannie and the new Prime Minister's administration.

Despite the foregoing, the public should know that my criticism is not so much aimed at Prof. Vasciannie, but against the Public Service Commission, which has been upbraided by the Supreme Court for gross abuse of the rights of a senior employee of the Solicitor General's Department. The process of its recommendation for a new Solicitor General is also open to question.

backing resignation

In my view, the PSC has a moral obligation to resign and allow the new Prime Minister to appoint or reappoint, as it is his constitutional right to do. Instead, it continues its role of defiance. It has so far refused to reinstate the person it wrongfully retired; and it has rejected the wishes of the people's elected government. It has recently created a new post in the establishment, without reference to the Government. It is behaving as a law unto itself, and from what I know, the next thing the people may hear is that this PSC has landed the state into another costly lawsuit.

The likely litigation to which I refer arises from the Service Commission's stubborn refusal to give back to the aggrieved employee the job he had when he was unlawfully retired. The PSC has ordered him to go elsewhere and his resistance to the ultimatum appears to be supported by a recent Privy Council ruling in the case of Dr. Astley McLaughlin v. His Excellency the Governor of the Cayman Islands.

I am, etc.,

KEN JONES

alllerdyce@hotmail.com