JA Cynic

New Rules

2011-02-28T19:56:00.000-05:00

Orette Bruce Golding during the Dudus Extradition Affair (DEA) held a number of relevant positions; PM of Jamaica, self declared Chief Servant; MP for Western Kingston, Leader of the JLP, salad maker and husband of Lorna Golding. Confusion surrounds which particular cap Orette Bruce Golding was wearing at any specific point in time during the DEA.

Orette Bruce Golding is scheduled to be the final witness in the Dudus/Manatt COE. The public has been hyped to expect a showdown between Golding and KD Knight. Such has been labelled Sheriff vs Spider, Nightmare vs Webmaster and numerous other epithets.

This is the grand finale in the biggest political operatic farce Jamaica has ever witnessed.

There is a clear and urgent for some new rules:

Commissioners must be as usual out of commission and not enforce any rules
Lying to one counsel does not bar lying to any or all
"Can't recall" and "cannot remember" are only available for answers to twenty questions per day.
Complete freedom to contradict all other witnesses and even oneself without shame or explanation.
Contradiction of verbatim writer is limited to five occasions.
"National Security" "Cabinet" and "Constitutional Rights" are not to be used in the ordinary customary senses. Witness is free to attach any unque, arbitrary or nonsensical meaning without notice.
Nelsonian Maths do not apply.
KD limited to ten days.
Witness free to carry own juice (Leaf-of-lie tea, Oil of Slippery Mouth, Memory Booster) if the water provided is less effective.
Audience reactions in terms of laughter, smirks, nodding (of the non-sleep variety) and other expressions of appreciation are strictly prohibited Coughing and throat clearing are allowed. Pauses longer than thirty seconds will not be allowed as they may be interpreted as disbelief or lying.
Absence from work during the showdown should not be supported by medical certificate. After all this could properly be classified as a "national disaster."

Bruce to Come

2011-02-28T06:00:00.021-05:00

Can we expect JLP supporters to turn out in their numbers (adorned with placards) when their leader attends the COE? What about another round of graffiti?
Will Bruce Golding be wearing a green or a blue tie; or better still, one similar to that highlighted by his counsel Hugh Small QC?
Can someone explain the basis for the different legal representation of the JLP and PM Golding? Bruce Golding is the leader of the JLP, so PM Golding is having a separate and distinct position from Party Leader Golding.
Is it a case that this is not a GOJ initiative; neither is it a JLP initiative but a Bruce Golding initiative?
Could it have been a Bruce Golding idea; the initial cost of which would be undertaken by the JLP, but it had to have the appearance of a GOJ initiative, with the GOJ taking over the financial obligations of the MPP contract?
Is it a mere coincidence that a large number of attorneys, formally or presently, associated with one particular law firm seem to be involved in one way or another in this COE? Is it Dudus/Manatt or Dunn/Manatt COE?
Will PM Golding inform us as to the amount and type of lubricant which was applied to the "conduit" that facilitated the signing of the authority to proceed?
Will the PM indicate if Dorothy Lightbourne, who eventually signed the authority to proceed, has obeyed his edict and signed simultaneously her letter of resignation?
How many members of the Cabinet will be at the prolonged appearance of the PM at the COE?
Will the PM announce the much anticipated Cabinet re-shuffle before the findings of the COE are delivered?
Will the hype surrounding Sheriff vs. Spider be realized in spite of the numerous objections from the green gremlins?

The audience is growing weary of the supporting acts. The top-billed performers are being impatiently awaited. Bram Bram!

COE Souvenirs

2011-02-27T16:34:00.000-05:00

Although not concerned with anything outside of the hearings, the Commissioners may be well advised to consider possible happenings in the environs of the conference center.

Apart from those being handsomely paid, others will want to “eat – a – food”.

Consider the following unique souvenir items:

Men Only Underwear (MOU)
Nelson New Math Textbooks (can’t recall prices)
Dudus Wigs (one size fits Al)
Baby leys (introductory offer)
Flip Flops (green and blue)
Lubricated Conduits (9 months delivery period)
Lewin Bleaching Info Kits (turn anything white)
Phipps Copiers (always has a copy)
Ancient Quotes (available only in Small print)
Deadwood Paneling (useless, very expensive)
Phillips Talking Dolls (unstoppable)
Multiple Peak Caps (JLP, PNP, Salad)

With the likelihood of the GOJ having some difficulty in meeting the expenses of the extended hearings, the COE may decide to defray some of the costs by setting up its exclusive Dudus/Manatt Commission of Enquiry souvenir gift shop.

WOW

2011-02-24T16:43:00.000-05:00

Have you ever had cause to wonder:

Can there ever be a credible investigation into the links between crime and politics in Tivoli Gardens without any mention being made to the one Don - Edward Phillip George Seaga?
Can there ever be a credible enquiry into the decision making processes of the PNP government 2004 without any insights provided by the Black Prince - P.J. Patterson?
Is it realistic to expect that all members of any cabinet would have been made fully aware of the detials of national security initiatives when there have been allegations that some have been involved in drug trafficking, money laundering or even murder?
Can we expect that "collective responsibility" requires that each and every cabinet minister is fully aware of that for which he has accepted responsibility; or does it mean that whatever decisions are made, he has to publicly support or tender his resignation?
Can we expect the same level of confusion, waffling and inconsistency exhibited in the COE to find sanctuary in the final report?
Do the terms of reference in the Manatt COE oblige the calling of Lorna Golding to elaborate on her intervention in the Dudus extradition affair?
Is it still a figment of anybody's imagination that this COE will cost the taxpayers $40 million only?
What factors could explain the absence at the COE of the Leader of the Opposition and the President of the PNP especially during Peter Phillips' testimony?
Will PM Golding disclose the name(s) of the JLP donor(s) of US$50,000.00 for the hiring of MPP and produce the actual cheque to substantiate the claim?
On hindsight would it have been a better political strategy to adopt the Brady approach and pay $500.00 than to have one's reputation savaged in public?
In light of the legal wranglings and courtroom drama will there be a "reduced rate" for lawyers who have not performed on certain days?

Sell Out

2011-02-19T17:11:00.001-05:00

The graffiti has been daubed on strategically selected walls in some urban ghetto areas. The calls have been echoed in Parliament. Now they have found their way into the legal posturings in the Manatt Commission of Enquiry.

The accusation is simple: Dr. Peter Phillips as Minister of National Security has sold out the constitutional rights of Jamaicans to the United States. This he has done by signing the mystery MOU's. The charge is serious and hurtful. Peter Phillips has always been a nationalist at heart. It was reported that he was once a member of the Twelve Tribes of Israel - Bungo Peter wore tam and sandals and uttered black conscious lyrics. Peter Phillips was a social scientist and an ardent follower of Michael Norman Manley. He was once General Secretary of the People's National Party and held ministerial positions both in the Michael Manley and P.J. Patterson led regimes.

In his testimony, Phillips said that he had obtained the legal opinion of the then Solicitor General Michael Hylton. Later he said that the Solicitor General vetted the MOU's before they were signed. Hugh Small Q.C. in his cross examination of the now Security Minister Dwight Nelson has elicited evidence that the proper course is for the AG based upon the advice of the SG to inform the Minister in respect of legal matters. Well both the then AG A.J. Nicholson QC and the then Solicitor General Michael Hylton are available to the Commission. The Commissioners are duty bound to call upon them to clarify the situation. In addition as portrayed by Clovis' cartoon, it may be useful if the insights of the then Prime Minister, Most Honourable P.J. Patterson QC be brought to bear on the purported secrecy of the deal.

Bluntly if Phillips sold out then he was not alone in this venture. It is very dangerous to leave these accusations hanging out there.

That Samuda Press Release

2011-02-14T14:43:00.003-05:00

Jacynic has analyzed this statement below from as far back as April 27, 2010. Please click Lies, Damn Lies and Dunce Lies to see our analysis.

Statement by JLP Minister of Industry, Investment Commerce Karl Samuda:

1. In September of last year, persons within the JLP approached Mr Brady to see whether,

through his wide network of international contacts, he could assist in facilitating the

opening of discussions between the US Authorities and the Government of Jamaica, and

thereby, seek to resolve what had become a treaty dispute between the US and Jamaica.

2. It was expected that Mr Brady, having served as a former Secretary-General of the

International Democrat Union, an organisation of worldwide centre-right parties founded

in 1983 of which the JLP is an associate member, would use his vast experience in

international law and politics to assist in this regard.

3. I am aware that Mr Brady’s firm retained the services of Manatt, Phelps & Phillips on

or about October 2009, to pursue discussions with relevant officials of the government. I

am advised that all payment arrangements to Manatt, Phelps & Phillips were transacted

between the two firms. The government of Jamaica had nothing to do with any aspect of

these arrangements.

4. The Solicitor-General went to Washington in December to have discussions with

officials of the State and Justice Departments. This meeting was arranged through the

Ministry of Foreign Affairs and the US Embassy in Jamaica.

5. The Solicitor-General and the team that accompanied him met with representatives of

Manatt, Phelps & Phillips at Mr Brady’s invitation. The discussions were exploratory and

were focused on alternative approaches that have been taken in similar treaty disputes

with the US. The Solicitor-General made it clear that the government of Jamaica saw no

need at that stage to engage their services but would be prepared to consider doing so

should the need arise.

6. The Solicitor-General accepted a suggestion that a representative of the firm attend the

planned meeting with the State and Justice Departments as an observer, which he did

with the full approval of the State Department.

7. The Solicitor-General, who had had no previous contact with Manatt, Phelps &

Phillips, was not then aware that the firm had already been retained by Brady &

Company. He has had no further contact with the firm since that encounter in December.

8. As regards media reports that a Minister of Government met with State Officials and

Manatt, Phelps & Phillips, Dr Ronald Robinson, Minister of State in the Ministry of

Foreign Affairs and Foreign Trade, while on a visit to Washington on November 20,

2009, had a brief social encounter with a representative of Manatt, Phelps & Phillips after

having declined an invitation by Mr Harold Brady to attend a meeting at the State

Department.

9. The Government of Jamaica did not enter into any contractual arrangement with

Manatt, Phelps & Phillips and therefore no payments were made to the firm by the

Government of Jamaica.

Source: AmLawDaily

Out! Played on

2011-02-12T16:40:00.001-05:00

When he went, whoever he spoke with at Manatt said “Look, we’re prepared to assist in this matter but it would have to be on a professional retainer basis” and, as I said; as I’ve acknowledged before, when that was reported to me by Brady, that’s when I should have pulled up the stumps. That’s when I should’ve said, "Absolutely no.” Regrettably, I said “Alright go ahead but be very clear in your mind that this is the Party that is doing it not the Government” because it was entirely a Party initiative from it started.

Quote from Bruce Golding in Brady defamation lawsuit.

This raises a number of concerns:

What factors did the Prime Minister consider when he came to the conclusion that he should have pulled up stumps?
What factors did the PM consider in coming to the view to allow the play to continue?
What was the purpose of Golding allowing the game to continue (along the lines as indicated by Brady) but with the warning that it should appear in Brady's mind to be a party matter.
Was the reality being deliberately disguised?

The umpires in the Manatt/Dudus Commission of Enquiry will be paying keen attention to the replay. The stumps appear to have been shifted.

Recalling Leys Lullaby

2011-02-11T20:10:00.000-05:00

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Rock a bye baby,
In the treetop
When the wind blows
The cradle will rock

Douglas Leys the Solicitor General of Jamaica, in a meeting with US State Department and Justice Department facilitated the attendance of a member of a private US law firm into that official meeting. Hello!?

The SG had just recently a few hours before been introduced to the principals of the said law firm who were anxious to obtain an official brief to act on behalf of the GOJ.

The SG himself had refused the overtures of the said law firm and by his own admission outlined to them the procedure that had to be followed if and when they were to be engaged to act on behalf of the GOJ.

It therefore begs the question: Did the SG act most improperly in facilitating the attendance of a private US law firm at an official meeting between himself and the US authorities?

In so doing, the SG unwittingly gave credence to the impression gained by the US officials - who had previously met with representatives of the US law firm and were involved in discussions of the very same issue as the SG - that the US law firm was indeed acting on behalf of the GOJ.

What is even more difficult to understand is the rationale informing the SG's thinking that to have Brady - a Jamaican attorney attend the meeting would have been improper, yet saw no problem in having a representative from a US law firm (who had not been engaged by the GOJ to his certain knowledge) attending as an "Observer".

Leys was either naive or was "convinced/persuaded" to change his initial refusal of the gratuitous offer. Unknown to him, he was the one being introduced to the US officials.

So, the "Consultant" was not so authorized and neither was the "Observer" but the fact remains that the US law firm acted on behalf of the GOJ in its dealings with US officials as reported on the official websites.

Smoking gun and misty mirrors: Who will be held accountable? Who misled the PM? Who is politically dispensable? Who will be "separated" from their responsibilities?

In the end the DEA - Dudus Extradition Affair has been further complicated, if not compromised, by the FBI (now meaning From Brady's Intervention).

When the bough breaks,

The Cradle will fall

And Down will come baby

Cradle and all

Oops!

Resolve vs Avoid

2011-02-09T19:26:00.001-05:00

Resolve the dispute

In May 2010 when the Mr Golding told Parliament that he had sanctioned the Manatt initiative, he said the move was to resolve a treaty dispute with the the United States.

"The initiative, which led to the engagement of Manatt, Phelps & Phillips by Mr Brady started within the Jamaica Labour Party in September when he was approached to see whether, through his contacts with persons in the American political system, assistance could be obtained in finding a way to resolve what was seen as a treaty dispute."

Source: Jamaica Observer

Avoid the dispute

But in an interview hosted by Ian Boyne on Sunday September 12, 2010 dubbed 'A conversation with the Prime Minister', Mr Golding said the US law-firm was hired to avoid a treaty dispute.

Source Go Jamaica

Enquiry Lost

2011-02-08T16:49:00.000-05:00

The Manatt COE runs the very real risk of losing its way and/or losing public confidence/attention in its deliberations. One of the factors grabbing public attention is the opportunity to explain or clarify confusing and contradictory statements made in the public by politicians and public servants in what has been called the "Dudus" extradition affair. The Chief offenders are the Prime Minister, the Attorney General and Minister of Justice, the Minister of Information, the Solicitor General and Attorney-at-law Harold Brady.

The former Commissioner of Police has made some explosive statements in an interview conducted on CVM Direct and the Minister of National Security has responded vehemently to the assertions made. The enquiry must of necessity consider all things in the public domain. It has to consider all the previous statements made by key personnel. It cannot afford to ignore or bar any section of any public pronouncement. We are therefore surprised that up until the time of writing, that interview with the former Commissioner of Police has not been aired in the Commission. Indeed it seems inescapable that certain interests are hell bent on preventing such being disclosed to the commission. The Commissioners would be well advised to make arrangements for such interview to be aired within the Commission and the former Commissioner be recalled to explain, elaborate or expand any view that may pique the interest of the battery of attorneys present. Until then we would issue a call in the public interest for CVM to repeat that interview in the hope that it may jog the memories of those who seem to have forgotten the very nature and impact of the Commissioner's statement.

Nationwide and Newstalk should rebroadcast interviews with SG Douglas Leys now that he has given his testimony.

Brady and PM Golding are involved in a defamation suit in the supreme court and Brady has simply ignored the Manatt COE. More anon.

$$ Always Legit $$$

2011-02-05T09:56:00.004-05:00

NOW - 2011

"Testifying earlier during yesterday's sitting of the commission, Information Minister Daryl Vaz, who was deputy treasurer of the JLP, said under cross-examination that the US$50,000 that was used to pay for the services of Manatt, Phelps & Phillips was "clean" money that came from a legitimate source."

Source: Jamaica Observer - Gov't was nervous - Feared ‘Dudus’ Extradition Request could topple administration
Vaz says money for extradition lobby came from legitimate source

THEN - 2003

"JAMAICA LABOUR Party (JLP) leader Edward Seaga will have to furnish evidence of impropriety on the part of James Robertson's campaign team during last week's race for deputy leader or risk facing legal action. This, according to Daryl Vaz, chairman of Robertson's Finance Committee, has become necessary following disparaging remarks made by Mr. Seaga yesterday on national radio.Mr. Vaz added, however, that they would not be complying with the JLP leader's demand that he be furnished with a list of donors.

"We have taken a decision that, whatever the threatened repercussions, we will not be responding to that directive."

Mr. Vaz said that they have already written to Commissioner of Police Francis Forbes asking him to insist that Mr. Seaga provide the evidence of what he said was a clear reference to money laundering on the part of the Robertson team."

Source : Jamaica Gleaner - JLP RIFTWIDENS Party squabbles over campaign financing

JLP Government Needs Plumber

2011-02-04T23:00:00.000-05:00

When troops seized Mr Coke’s headquarters at Tivoli Gardens they discovered a CCTV system that enabled him to monitor all the entrances. They also found large amounts of local and foreign currency and copies of the extradition documents filed by the US Government, which Mr Coke appeared to have obtained illicitly.

Source: Times Online - How Dudus Stayed Ahead of the Police.

Minister Lightbourne's response:

Lightbourne said she received a call from "someone in the army" who advised her that the Office of the Director of Public Prosecutions had the request and that it would have been submitted to her.
"I called my office. Have you got this yet? No, we don't know anything about it. Has Foreign Affairs got it? Foreign Affairs was called, they knew nothing about it. I then had to call back and say what is this. This thing has not gone through its processes and I was told: 'We are trying to speed it up so we make copies that everybody will get it all at the same time'," Lightbourne asserted.

Source : Jamaica Gleaner - Nicholson Wants Probe into Lewin's Allegations

Manatt Commission of Enquiry Surprise.

There was a surprising development at Wednesday afternoon's sitting of the Manatt/Dudus Commission of Enquiry at the Jamaica Conference Centre, when it emerged that the secret Memorandums of Understandings(MOUs), which was being guarded closely by the Commissioners, was already in the hands of at least one senior attorney at the hearing..........................The revelation that Queens Counsel (Q. C.) Frank Phipps, who is representing the governing Jamaica Labour Party (JLP), already had copies of the MOUs sparked an intense debate among attorneys including K. D. Knight, counsel for the Opposition People's National Party, who brought the issue to the attention of the Commissioners.

Source: RJR - JLP Attorney Already Had Secret MOUs Before Manatt Commissioners

Code Secret

2011-02-02T22:34:00.000-05:00

One of the highest classifications used by the Ministry of National Security to indicate the level of confidentiality of highly sensitive documents is SECRET! This is normally placed at strategic points throughout the document. Sometimes it may be in red.

Nevertheless the classification indicates that only authorized individuals should have access to such documents and under no circumstances should there have cause for its publication to unauthorized individuals. This is essential for the effectiveness of national security operations especially those involving transnational organized crime.

Indeed it is well known that there are foreign law enforcement agents operating in Jamaica. Frequently they provide technical and logistic assistance to their Jamaican counterparts. For example, they may be involved in "sting operations", fugitive apprehension and counter narco-terrorism activities. It has been a feature of small independent countries to enter into "secret" arrangements between the more powerful and technologically superior states. Indeed there is even the arrangement where the captured bounty is shared.

It is of paramount importance that the confidentiality of such arrangements is not compromised by unauthorized publication of the details of such bi-lateral relationships. The classification has to be respected by both countries and forms the context in which future relationships are struck in the area of national security.

In most countries, there are criminal sanctions for those found guilty of unauthorized possession of classified documents.

Will the Manatt COE investigate the presence of highly confidential information at the headquarters of the Presidential Click?
Will the Manatt COE investigate the persons within the JLP who facilitated the unauthorized sharing of information with journalists in a certain media house?
Will the persons be held accountable for what must be regarded as a criminal act?

Don't hold your breath!

Big Up

2011-02-02T05:20:00.001-05:00

The Dudus COE has had some stellar performances given by public officers notably: Ambassador Coye, Permanent Secretary, Ministry of Foreign Affairs and Jeremy Taylor, Snr. Deputy DPP, Head of the Extradition Unit, DPP's office.

Ambassador Coye was credible. This expericed diplomat showed her mettle under cross examination. She sought the guidance (and protection) when she was of the view that the questions posed required her to submit answers not within her knowledge, competence or authority. The lady was good.

Jeremy Taylor was professional in his approach, aided and abetted by the calm Lord Gifford. The Snr. Deputy DPP maintained his considered opinion in the face of the constitutional challenges launched by Frank Phipps QC. Taylor's statement/contribution was very helpful to an understanding of the processes involved. The advice given to SG Leys on the phone was a classic; its elabloration in preparation for the meeting that was not held seemed very comprehensive.

The public of Jamaica will be somewhat re-assured from the performances of these two public officers that all is not lost. Ambassador Coye is at the pinnacle of her career; Jeremy Taylor has a bright future ahead. Make no mistake, it is no easy feat to withstand cross-examination carried out by the likes of Phipps, Small and Knight - silks of the finest calibre.

We await the performance of SG Leys, AG Lightbourne and PM Golding. Make sure that you have a ringside seat in front of JNN it is shaping up to be the real bangarang.

The Grand Design?

2011-02-01T09:19:00.000-05:00

The last day of January 2011 was a very interesting one at the Dudus COE AKA the Manatt COE:

For the first salvo we were treated to vintage courtroom drama practised by the silks (QCs). Hugh Small Q.C. locked horns with K.D Knight Q.C., while Frank Phipps Q.C. and Winston Spalding Q.C. indulged in more esoteric interventions.
Then the fact of the four memoranda took center stage. The public still has no idea as to the contents. Instead, the questions focused primarily on the whereabouts, the non-involvement of certain ministries and the usual procedures for such matters.
For those oblivious to the objectives of this elaborate and detailed enquiry the grand design became evident in the last two questions posed to Ambassador Coye:

Who was the Minister of Foreign Affairs at the time?
Who was the Minister of National Security at the time?

The moment, the pregnant pause and the audience's reaction were more important than the answers given. Of course the questioner and other attorneys already knew the answer.
This has to be assessed alongside the context that was painstakingly brought out in evidence.
The Ministry of Foreign Affairs had no record of such memoranda; did not participate in its formulation, negotiation or implementation; and was totally ignorant of such until informed by representatives of the US government who refused GOJ request for copies.
Furthermore there seems to be no record of such memoranda being discussed or ratified by the Cabinet and certainly the memoranda was not brought to Parliament.
The impression gained is that such were the result of secret deals between the then Minister of National Security and US agencies involved in national security (read CIA, DEA, FBI).
The stage has been set. Remember those graffiti markings appearing mysteriously and accusing Peter Phillips of being a "CIA agent" and "selling out Jamaica". Now, there is evidence that the records available seem to indicate that Phillips alone and not even his cabinet colleagues were involved or informed.
That is not all. If you want further evidence of the grand design then you should have watched CVM nightly news. Minister of Finance Audley Shaw gave notice that it is likely that the Manatt enquiry could "backfire" on the PNP - specifically Peter Phillips when certain information comes out making him regret having called for the COE.

Finding the "Truth"

2011-01-31T09:04:00.000-05:00

We note with interest the announcement that the government intends to introduce polygraph testing (lie detector) for persons holding sensitive positions in the civil service and security forces. This has been generally regarded as a good move - especially in light of public perception of widespread corruption.

We have no problem with the idea. It is the implementation that will provoke some controversy. Firstly, it should not only be confined to the employees but applied also to the employers.
Members of the political directorate - appointed/selected/elected should also be subjected to polygraph testing. Secondly, there is the issue surrounding the reliability of the equipment being utilized. There is a real risk of serious and irreparable damage to individuals who have been inaccurately evaluated.

We put forward one easy (some would say cynical) test. Use the entire Cabinet as the test standard for reliability. If the results come up less than 100% pass rate, then the equipment is deemed to be faulty and should be banned from use in Jamaica.

We fully recognize that there may be some considerable difficulty in sourcing such equipment. However, what is good for the goose is good for the gander.

The MPP COE is supposed to unearth the truth. Being sworn with bible in hand is of no guarantee here on earth of the truth being spoken. The battery of attorneys at the COE is more than an indication that "the truth" needs legal protection (lest it be incidentally revealed with embarrassing consequences).

Save time and money: subject witnesses to polygraph testing (who lie?). Then again the Commissioners themselves would also have to be subjected to polygraph testing (who nah lie?).

Pointed Questions

2011-01-30T14:03:00.001-05:00

Gleaner contributor Gordon Robinson, Attorney-at-Law in a column of August 29, 2010 purporting to outline the sequence of events in the Dudus Extradition affair, made some interesting inferences and asked a number of pointed questions.

Given the details of the statement filed by the former Senator Ronald Robinson to the COE, the following becomes extremely pertinent.

November 20, 2009: MPP has a second meeting with Bisa Williams, a US State Department director. On that same day, according to the May 11 statement of the prime minister:

"Dr Ronald Robinson, minister of state in the Ministry of Foreign Affairs and (JLP) deputy general secretary, ... was invited by Mr Brady to attend a meeting at the State Department but declined ... . He did attend an informal meeting between Mr Brady and a representative of [MPP] ... to discuss the matters in relation to which the firm had been retained."

The inference from Driva's statement is that Brady was at that State Department meeting. If so, why? In what capacity? Did he obtain national security clearance? On what authority was he inviting Mr Robinson to attend? On what authority did Mr Robinson entertain the invitation so much so that, although he declined, he attended what could only have been a subsequent debriefing meeting with MPP and Brady? ......................

If these were innocent meetings, why has Robinson resigned? Why was MPP secretly briefing the GOJ's junior foreign affairs minister after the fact if MPP thought all along that it represented GOJ? Why was Robinson wary of being seen with Brady/MPP at the State Department meeting? Two plus two always equals four.

This happened in November 2009. Why was nothing done to reprimand Robinson until the matter became public? The foreign affairs minister has admitted that Robinson was not, at the time, on any sort of leave known to Government service. He was officially on duty as junior foreign affairs minister. But for the evidence of the cautious wording of the October 1 letter, it's easy to understand how MPP themselves might have been deceived into believing that they were working for GOJ. How many more public officials willingly participated in this JLP plot, sanctioned by the JLP Leader, to deceive the US government (and maybe MPP) that it was engaged in government-to-government talks?

One is left to wonder about the silence hitherto concerning the Vale Royal meetings held between the Prime Minister, Harold Brady and Ronald Robinson. According to Robinson, the first one involved the Prime Minister giving instructions to both Brady and himself and specifically about the briefing of the MPP lawyers of Jamaica's position. On the return of Brady and Robinson, the PM was briefed was briefed as to the outcome of his sanctioned mission.

The unavoidable question:

Why then and there did the Prime Minister not issue instructions to terminate the involvement of MPP?

The answer:

To do so would have obviated the need to have briefed them in the first place.

That presence statement is vital, to wit:
“The HPM,” said Robinson, using the acronym for the title Honourable Prime Minister, “instructed me to go to Washington to meet with the principals of MPP to brief them. My presence would also give some credence and strength to Mr Brady’s involvement.”[emphasis added].

Fire Dem!

2011-01-29T17:35:00.002-05:00

The MPP Commission of Enquiry a flop! Nutten nah gwaan!

PM Bruce Golding for whatever reasons ( pressure from business sector, need to rehabilitate political credibility, to prove that he was always speaking the truth)) established the Emile George QC chaired Commission.

Chief Servant Golding attempted to lead by example by filing his statement early in the day and indicated (through his counsel) that he stands ready to give evidence at the convenience of the Commission. Sadly none of his Cabinet colleagues chose to follow the Leader's example, The most egregious example is that of Dorothy Lightbourne who is:

A senior Attorney of many years standing
A learned Queens Counsel (QC)
The Minister of Justice
The Attorney General (The Legal Advisor to the Cabinet)
Leader of Government Business in the Senate
A key operative in the extradition process

This illustrious lady failed to comply with the COE stipulated deadlines for filing statements - both the original and extensions. The excuse given is that one of the two attorneys representing her. Is it that she had no confidence (pun intended) in the other or was she incapable of crafting her own statement?

Somehow one could have gained the impression that writing the truth would have been easy - certainly within the competence of the Legal Advisor of the Cabinet.

But Lightbourne is not alone. Where are the statements of the other members of the Cabinet inextricably involved in this matter, such as Minister of National Security, Minister of Foreign Affairs, Minister of Information & Special Projects?

We suggest to the Chief Servant that he should no longer tolerate such slackness. If the statements are not filed by the next Cabinet meeting they should not be required to attend any more meetings of the Cabinet.

Fire dem!!

He who decided to lead by example must ensure that he is being followed. Do something Leader!

Why Ronald Robinson Resigned

2011-01-28T20:37:00.001-05:00

"........in a letter addressed to Prime Minister Bruce Golding, Dr Robinson admitted that his contact with Manatt "could have been inappropriate".

"For that I accept responsibility and should not have met with them, and for that I apologise. Note, however, that my only contact with the firm was twice between November 19 and 20, which was a full month or so after the website postings," Dr Robinson said.

He was in April this year identified as the Government official who met with officials of Manatt, the firm that was reportedly engaged by the Jamaican Government to lobby the United States to drop its extradition request for Christopher 'Dudus' Coke to face drug- and gun-running charges there.

The public anxiously awaits the statement to be filed with the Commission of Enquiry. Meanwhile, his attorney has taken advantage of maximum media coverage. The attorney has informed that Robinson is a phone call away in the USA.

Update - The Sunday Observer has reported details of the filed statement by Ronald Robinson.

“The HPM,” said Robinson, using the acronym for the title Honourable Prime Minister, “instructed me to go to Washington to meet with the principals of MPP to brief them. My presence would also give some credence and strength to Mr Brady’s involvement.”

PNP Probing Questions

2011-01-19T23:39:00.000-05:00

The Dudus Enquiry may find the answers to the following questions extremely interesting.

1. On what basis did the Solicitor General believe it was appropriate for private foreign citizens, in the persons of Manatt, Phelps and Phillips, to attend a meeting between the Government of Jamaica and the Government of the United States involving highly sensitive and confidential issues?
Especially when, according to the Prime Minister, they were not engaged by the Government of Jamaica.
Would this not constitute an ethical breach?

2. Was the ambassador of Jamaica to the United States in Washington present at any of the meetings held between the Solicitor General and the US government authorities at which private foreign citizens from Manatt, Phelps and Phillips were also present?

3. Was the Jamaican ambassador to the US in Washington aware that Manatt, Phelps and Phillips were stating that they represent the Government of Jamaica and did he report this to the Ministry of Foreign Affairs, or any one else in the Government of Jamaica?

4. Did representatives of Manatt, Phelps and Phillips meet with officials of the Government of Jamaica other than the Solicitor General? If so, with whom, when and where?

5. What steps has the Government of Jamaica taken to clear the record with the US Justice Department to indicate that Manatt, Phelps and Phillips is not a representative of the Government of Jamaica?

6. Who paid the US$49,892.62 that Manatt, Phelps and Phillips reports to have paid for services rendered?
Was it the Government of Jamaica?
Was it Mr Brady?
Was it Mr Brady on behalf of his client?
If so, who is his client?

7. Did Mr Brady have any discussions with any officials of the Cabinet and Government of Jamaica other than the Solicitor General prior to signing the contract with Manatt, Phelps and Phillips?

8. Was the Solicitor General on a frolic of his own when he invited Manatt, Phelps and Phillips to attend the meeting between the Government of Jamaica and the US Government?

Source: Jamaica Gleaner

Monday's Molotov

2011-01-17T14:39:00.000-05:00

In our post Leys Lullaby, we had questioned the role of Solicitor General Douglas Leys.

After initially refusing the gratuitous offer made by the representative of MPP to attend the scheduled meeting of US State Department and Justice Department officials with GOJ officials, he was subsequently convinced to allow the representative to accompany the Jamaican delegation. We had wondered who or what convinced the SG to change his mind. After all has admitted on radio to include Jamaican attorney Harold Brady would have been improper.

Our information from a most reliable source is that the SG was in constant telephonic contact with government officials in Jamaica. On the first day of what has been dubbed the "Dudus Enquiry" we have been provided with the answer.

Coye testified that in December 2009, she went to the residence of Jamaican ambassador to Washington, Anthony Johnson, and that attorney Harold Brady was present together with an attorney from Manatt, Phelps & Phillips. She said that she later learned that the attorney was named Kevin Di Gregory.

She said that Deputy Solicitor General Lackston Robinson had told her that the lawyer would be a part of the Jamaican delegation to meet with US State Department and Justice Department officials, which included her, himself and Solicitor General Douglas Leys.

Coye further testified that Robinson told her Leys had included the Manatt lawyer in the delegation because he understood US law and understood the thinking of the Justice Department, being a former employee there.

The ambassador said she objected because there was no approval from Foreign Minister Ken Baugh or Dorothy Lightbourne, justice minister and attorney general. However, she said that when she confronted Leys, he told her that Lightbourne had given permission to expand the delegation.

Read more: http://www.jamaicaobserver.com/latestnews/Manatt-was-working-for-gov-t-on-Dudus---testimony#ixzz1BK1RaVB9

This raises a number of questions:

Was the Solicitor General speaking the truth, when he said on radio that the gratuitous offer was extended merely hours before the scheduled meeting?
Was the Attorney General speaking the truth when she said that the first time she heard of the firm MPP was when the matter was raised in parliament?
Did the Solicitor General seek and obtain the authority of the Attorney General Lightbourne before he accepted the gratuitous offer?
What consideration was given to the objections by the officials from the Ministry of Foreign Affairs and the initial reservations of the Solicitor General?
Did the Attorney General inform the Prime Minister of the inclusion of MPP along with the GOJ delegation?
Were the Attorney General and the Prime Minister briefed as to the outcome of the meetings with the US govt. officials and the GOJ delegation which included the representative from MPP?
Was there a post meeting conference at the law offices of MPP?
If yes, what role did the MPP representative play in those post meeting discussions?

Money Laundering?

2010-10-10T00:46:00.002-04:00

Attorney Harold Brady has placed on the table the real possibility of money laundering activities being involved in the Manatt, Phelps & Phillips (MPP)/Dudus Extradition affair.

It has now been revealed that MPP insisted that any arrangement had to be on the basis of a government initiative and a paid retainer. Hence Brady had to assume the position/authority as a Consultant to the Government of Jamaica (GOJ). Of equal importance the retainer and subsequent payments would have had to be consistent with the contract being with the Government of Jamaica.

Thus the payments could not appear to be made by either a private individual or the Jamaica Labour Party. This is so because neither had any contract with MPP. The only entity that had a contractual relationship with MPP was the GOJ (albeit throughout Harold C. Brady - its Consultant.) To be acceptable to and accepted by MPP, the payments had to appear as emanating from the GOJ.

Brady alleges that PM Golding, after being informed of MPP conditions agreed to such and delegated Minister Vaz to handle all the "financial implications".

It is critical to read carefully Brady's allegations on this score, noting the sections that have been capitalized for emphasis.

"Consequently, our client is unaware of the mechanics of the payment of the MPP retainer WHICH WAS NOT HANDLED either BY HIS LAW OFFICE or by him personally"

Certain questions are unavoidable:

What were the so-called "financial implications" involved?
If neither Brady nor his office handled the "mechanics of the payment of the MPP retainer", did Daryl Vaz handle such?
What were the so-called "mechanics of the payment"?
Were the payments to MPP laundered through any GOJ agency?
Were the payments made by cheque or wire transfer?
A news release stated that Brady & Co. had paid the sum of US$15,000.00 in order to bring closure to the arrangement with MPP. Was such in furtherance of PM Golding's instructions "to ensure, as best as possible, that the Government did not appear to be involved"?

Political Shrapnel

2010-10-07T13:32:00.001-04:00

The political explosion occasioned by Brady's letter bomb - published in the Gleaner, Tuesday October 7, 2010 - has sent shrapnel with extreme prejudice in the direction of Prime Minister Golding and Minister Daryl Vaz. Brady has made some damming allegations - the truth of which must be ascertained.

There is enough defamation to go around with all contenders being offered generous proportions. However, it is political credibility that takes center stage.

Hence, we highlight the political shrapnel:

Brady took instructions only from Prime Minister Golding. Thus for all intents and purposes, Bruce Golding was Brady's client.
The instructions centered on attempting to resolve the political issues raised by the extradition request for Christopher "Dudus" Coke.
The employment of Manatt, Phelps and Phillips (MPP) was only possible if this was a Government of Jamaica (GOJ) initiative and under a paid retainer.
Brady reported such in full to Prime Minister Bruce Golding.
The Prime Minister agreed to the terms of engagement stipulated by MPP with the added condition that attempts be made to "ensure, as best as possible, that the Government did not appear to be involved."[emphasis added]
Minister Daryl Vaz was delegated to handle all the "financial implications." (What the hell does that mean?)
Both PM Golding and Minister Daryl Vaz were made aware of MPP pre-conditions and were central to the hatching of the conspiracy to deceive.

The situation remains the same GOJ in 3D.

Brady's Letter Bomb

2010-10-06T20:11:00.002-04:00

Noted Attorney-at-Law Harold C. Brady has finally disclosed intimate details about the MPP/Dudus Extradition affair. The allegations are directed at Prime Minister Bruce Golding and Minister of Information Daryl Vaz who according to Brady must either be daft or needs his head examined.

Read the details of Brady's Complaint

Lilac Alert

2010-05-31T20:57:00.010-04:00

Some readers will be familiar with the euphemisms used by the GOJ in recent times. They range from aliens to the truth, at variance with the facts, inconsistency, incompatible, irreconcilable to half truths and mis-communication. They are just lies - no matter the spin.

Jamaicans have been subjected to a number of lies in recent times. We are tired of the GOJ lies.
Ja Cynic maintains in Daft Conspiracy that:

"The GOJ's responses have been confusing, convoluted and unconvincing. They have conceded and confessed only when confronted with the facts."

However, we continue to be watchful. Hence we have issued the Lilac Alert.

Minister of Justice in a signed affidavit indicated that she had informed the PM that she having considered all the factors had decided to sign the authority to proceed.

The actual situation is complicated by the fact that:

The AG and Minister of Justice is one and the same.
The AG is the principal legal advisor to the cabinet.
The Minister of Justice in such matters only acts on behalf of the government.
As the PM had indicated to Parliament, that if the Minister dares to exercise her discretion independently and at variance with the position of the Cabinet, then the Minister must tender her resignation.
From the very outset the PM has given the Parliament and the public the impression that he was the central player in this extradition affair.
In a parallel initiative by persons within the JLP, the party leader sanctioned the scheme. (The party leader of the JLP is one and the same as the PM of Jamaica and Bruce Golding).
There is a challenge before the court intended to review the circumstances under which the Minister of Justice exercised her discretion. Was she instructed by the PM to sign the relevant papers?
The PM may have provided the answer in his national broadcast to wit;

"I wrestled with the potential conflict between the issues of non-compliance with the terms of the treaty and the unavoidable perception that because Coke is associated with my constituency, the government's position was politically contrived. I felt that the concepts of fairness and justice should not be sacrificed in order to avoid that perception. In the final analysis, however, that must be weighed against the public mistrust that this matter has evoked and the destabilizing effect it is having on the nation's business. Accordingly, the Minister of Justice, in consideration of all the factors, will sign the authorization for the extradition process to commence."
Source: Jamaica Infomation Service

The PM has stated repeatedly that the GOJ has never refused the extradition request. Hence the GOJ merely delayed its approval until more information/clarification was provided.

It is clear that the US authorities made "something more" known to the PM. Whether the PM has shared that lubrication with other members of the cabinet is entirely a different matter. What is evident is that he has not shared that critical information with the public. We have always maintained that the driving force is the self interest of the JLP - the us and not Dudus.

SAY WHAT!

2010-05-30T14:05:00.002-04:00

Bruce Golding has always given the impression that he is deliberate and considered in his utterances. He prides himself as a student of the law.
Golding is know for his lofty expressions that as Leader of the Opposition found resonance amongst those desperate for the replacement for Sister P.
Thus his performance on the BBC's Hard Talk is a classic -- and not for his announced criterion for inclusion in the cabinet.
Well listen to the words of Prime Minister Bruce Golding again. There are very interesting gospels on Tivoli, garrisons, corruption and governance. It is Bruce at his best.

GOJ in 3D

2010-05-12T15:50:00.001-04:00

Lying takes place on a number of levels and dimensions. Politicians are expected to be adept at the art and skill in so-called spin. Government spin serves no purpose unless it has a modicum of credibility. Sadly this JLP administration are either daft or in need of head examinations or both.

The GOJ is in 3D -
deep do do ;
dunce, duncer and duncest;
deceptive, despicable and dirty.

Did you ever think that "persons within the JLP" could have hatched such a plot without the knowledge, participation and approval of the party hierarchy? Such would of necessity involve at the minimum the party leader, General Secretary and the Treasurer and/or the Deputy Treasurer.

Is then any wonder that the published Samuda's findings failed to mention the role played by the Party Leader in "sanctioning" the hiring of the US law firm Manatt, Phelps and Phillips (MP&P)? But even more damning is the fact that MP&P would not have been able to engage US officials of the State Department and the Justice Department in talks concerning the extradition treaty between US and Jamaica unless MP&P was officially representing the GOJ.

Was Golding so informed and did he sanction the ruse?

So Brady signed as "Consultant to the Government of Jamaica" was not in any way an error. The clause in the contract was very specific to avoid any misrepresentation of the authority under which Brady was operating. The Consultant designation was an essential element of the conspiracy within the JLP to effect lobbying efforts in Washington.

There are more questions being raised by Golding's belated confession.

When exactly did Golding sanction the initiative?
Did Golding receive progress reports and issue directives on the initiatives?
Who were the other co-conspirators within the JLP?
How were funds amassed - voluntary contributions and/or gentle extortion?
Were the financial contributors themselves beneficiaries of government contracts/state largesse ?
Since Christopher "Dudus" Coke would have been the main beneficiary of such main lobbying efforts, what measures were instituted to monitor his participation - financially or otherwise?
Did the party leader inform the AG, Minister of Justice and the Minister of Foreign Affairs about this parallel political initiative?

The GOJ continues in 3D - denial, desperation and damnation.

Close Encounters: 00-50 H B

2010-04-29T16:34:00.001-04:00

Well you all thought that the political scenarios in the Dudus Extradition Affair (DEA) and the Brady Factor (BF) were out of some B class Hollywood script.

Here is the pre-release:

Now the latest scene is entitled Brief Social Encounters . It has nothing to do with Sex in the City but mainly with ~~007~~ 0050 HB in Washington.

Can you imagine a chance encounter with 0050 HB and Ronald in Washington? Invitations are issued, some are declined but some are accepted. Sounds familiar? So we all just get along - socially over drinks. Such a game is employed by those involved in courtship - not of the judicial kind.

But the scene has been played out before, starting at the Norman Manley airport in Kingston, Jamaica. There was a chance meeting between 0050 HB and Dougie both on their way to Washington on parallel mission. Agent 0050 HB invites Dougie to get familiar with some Washington lobbyists - the same ones that would having drinks with Ronald. But having made social acquaintances, Dougie initially refuses a gratuitous offer but is later convinced that his newly made acquaintance should accompany him to his close encounter with US State officials. Unlike Ronald, Dougie did not have any drinks.

There have been unconfirmed reports of other close encounters, those involving persons within the JLP and Agent 0050 HB. Reports are that such persons decided to undertake and finance an operation aimed at assisting the GOJ in resolving a treaty dispute it had with the USA.

Back at HQ Branch, OBG is Commander-in-the-Dark with GS Sam-the-Sanctioner; and Thor is conveniently unaware.

Who is Special Agent 0050 HB? A man with vast experience in International Law and Politics to assist in this regard. He is not daft, but deft in his management of such affairs and his invitations are not likely to be declined. He has successfully engaged not-too brief social encounters in the past. Some have received wide press coverage.

0050 HB is fully aware that he will have to sing and dance in this one. Such caberet performances cost a bag of money.

Need an MC for your wedding? Special Agent 0050 HB is available.

Lies, Damn Lies and Dunce Lies

2010-04-27T21:26:00.003-04:00

A full statement has been released by Samuda on his findings re the Manatt, Phelps & Phillips Engagement by Brady and Co.

The nine point statement raises a number of questions.

Point one: Who are those "persons within the JLP" who approached Mr. Brady? If there was a treaty dispute between the US and Jamaica why is the JLP interfering in such?

Point two: What is Brady's vast experience in international law and politics ? Is there no one else in the Ministry of Foreign Affairs in possession of such skills? Why not appoint Harold Brady Consultant to the Ministry of Foreign Affairs?

Point three: Why is Mr. Brady's firm retaining the services of Manatt, Phelps & Phillips to have discussions with relevant officials of the US government, in which the GOJ has no interest?

Point four: If the meeting between the Solicitor General and officials of the State and Justice Departments was arranged by the Min of Foreign Affairs and the US Embassy of Jamaica, on what basis would the Solicitor General seek to include an "observer" a couple hours before its commencement.

Point five: Who are the members of the team that accompanied the Solicitor General to that meeting? On what basis was the Solicitor General discussing with Manatt, Phelps & Phillips alternative approaches that have to be taken in similar treaty disputes with the US? Solicitor General Leys indicated that the meeting was arranged by Brady and was mainly introductory. This does not square with Samuda's findings.

Point six: How did the Solicitor General obtain "the full approval of the State Department" to have a representative of Manatt, Phelps & Phillips attend the meeting as an "observer".

Point seven: If Samuda's findings are true then the Solicitor General is duty bound to tender his resignation by his acceptance of the suggestion by a firm: with which he had had no previous contact, did not inform him that they had already been retained by Brady & Co. and without more he invited them to "observe" discussions between the GOJ and officials of the government of the United States.

Point eight: What is a brief social encounter? How does one arrange such with a representative of Manatt, Phelps & Phillips? In what capacity was Harold Brady acting when he issued an invitation to the Minister of State in the Ministry of Foreign Affairs and Foreign Trade to attend a meeting at the State Department? Who attended that meeting? Is it mere coincidence that Dr. Ronald Robinson and Harold Brady were in Washington at the same time, similar to the chance meeting of Brady and Leys?

Point nine: Have "persons within the JLP" entered into any contractual arrangement with Manatt, Phelps and Phillips? Have "persons within the JLP" facilitated the payments of submitted invoices?

So persons within the JLP decided to assist the JLP government. This apparently was done without the knowledge of members of the JLP who are also members of the cabinet. What exactly was the interest of the JLP in this matter? Furthermore Manatt, Phelps and Phillips would have provided written reports of its meetings and positions reached with officials of the US state and justice departments. These would have been provided to Brady and Co. for the benefit of "persons within the JLP". Did those reports reach cabinet members within the JLP?

So Bruce Golding was not informed of such dealings in his capacity of Prime Minister of Jamaica. Was he so informed in his capacity as leader of the Jamaica Labour Party? Why has it taken so long for members of the hierarchy of the JLP to admit that this initiative was conceived and hatched within the JLP?

And the cow jumped over the moon.

Daft Con

2010-04-12T15:31:00.001-04:00

There have been many cons.

First there was consultant negotiating a contract to have a US law firm establish contact with the US authorities.

The PM hastily concocted a response in parliament, but later conceded that there indeed had been some contact but no contract.

But that response was un-convincing and there was a call for concrete evidence of the correction. Such proved controversial as glaring inconsistencies began to emerge.

Were the US authorities conned?
Was there a conspiracy to deceive and defraud?
Who will be convicted?
Who will have to be consoled?

Soon nothing will remain concealed, for this matter can no longer be contained. The JLP is in a conundrum as the matter is not being brought to a conclusion quickly and the political fallout seems to be contagious.

The contrast with the Trafigura Affair has crossed the political Rubicon. The PM appears confused; Brady may confess; Vaz has been confined.

The saga continues.

The New GOJ Advertisement

2010-04-11T15:34:00.002-04:00

Need an international event planner?

Need an M.C. for your wedding?

Need your head examined?

Need to replace a broken vase?

We have solid contacts in Kingston and Washington.

Consult: Sir Har Rolde
OPM (after hours )

Our motto: Knowing what we know, we never tell.

Sam's Sanctions

2010-04-07T21:21:00.001-04:00

Samuda, in his dual capacity as a senior minister of government and the General Secretary of the JLP, has been mandated to sanction Harold Brady. Yes; and the cow jumped over the moon.

What exactly has Brady done to warrant being any sanction being imposed on him? Brady is not a member of the cabinet, so he cannot be sanctioned by any member of that august body. Brady is said to be a card carrying member of the JLP, so the General Secretary can take disciplinary measures if the rules governing that party have been infringed. Have they and by whom?

So Sam the Sanctioner has a problem. How does he imposing sanctions on one who has been acting in the best interests of the party for donkey's years?

We thought it best to consider some sanctions:

Brady to stand outside the gates of Jamaica House between the hours of 8am - 9am and 4pm -5pm on Mondays, Tuesdays, Thursdays and Fridays for two weeks with a loudspeaker saying, "I am sorry" once every five minutes. [Vaz the Minister of Information will monitor the event with the usual media coverage]
Brady to write 50,000 lines "I am not a Consultant to the Government of Jamaica". Such must be in Brady's own handwriting and his signature affixed to the bottom of each page. [AG Lightbourne will ensure compliance and send certified copies to the US law firm Manatt, Phelps & Phillips]
Brady to attend Vale Royal for breakfast on weekends, dressed in white shorts and to affix his name, address and signature to the ~~visitor's~~ protocol book. [PM Bruce will do the cooking]
At the completion of the sanctions, Brady to throw a party and invite the usual posse. The occasion will taken to confer on Brady an OJ as a lasting and fitting sanction for his initiatives. [The OD - Order of Dudus = was ruled out]

Credit Run Out

2010-04-06T20:21:00.001-04:00

Source: Jamaica Observer 5.4.2010

US President William "Bill" Clinton in dealing with the Monica Lewinsky Affair stared right into the TV cameras, maintained eye contact and adopted the seriousness of a judge and said:

"I did not have sexual relations with that woman."

We are yet to see any evidence of anyone who was willing to admit, either privately or publicly, that they had believed that statement.

Jamaica is never far behind. We have our own President (of the Employer's Federation), another W.C. making this statement concerning the Chen Affair:

"I did not ask for an intervention and have no information that suggests that the Jamaican government has done so."

We have not done a survey to assess the extent of the credibility of this statement. However, some nagging questions refuse to go away.

How were the details of Chen's visa revocation and subsequent actions by him and others on his behalf "leaked" to the media?
Who was that impostor on TV giving "information" but not "seeking intervention"?
If one makes a call to the fire department informing them of a raging fire, is that not also seeking an intervention?

Latest media reports are that Chen is still waiting for an official reply to this re-application for a US visa.

Then we have no less a person than the PM of Jamaica, the Hon.Bruce Golding M.P. in stark and irreconcilable conflict with the prestigious US law firm, Manatt, Phelps & Phillips in respect of representation made to the US State Department and Justice Department.

There is a disconnect; dem credit run out.

Clovis' cartoon in the Jamaica Observer speaks volumes.

Mix Up & Blenda

2010-04-01T06:00:00.006-04:00

So Manatt, Phelps & Phillips (MPP) has confirmed two things:

It has been acting on behalf of the Government of Jamaica through GOJ's liaison Harold C.W. Brady of Brady & Co.
That MPP ceased continuing to represent the GOJ through Harold C.W. Brady of Brady & Co. as of February 8, 2010.

That amendment was filed on March 18, 2010 - two days after pertinent questions were raised in Parliament eliciting and outright denial by the PM.

The country was told in no uncertain terms that the GOJ had never hired any consultant, law firm, person or entity to represent the GOJ in any discussions involving treaty obligations. It has turned out that the US law firm MPP was certainly under the impression that it was acting on behalf of the GOJ. Moreoever the US State Department and Justice Department were certainly under the impressions that in talks with MPP the law firm was acting on behalf of the GOJ.

Now that we have been informed that the now-disputed contractual relationship ceased as of February 8, 2010, certain interesting questions arise:

When exactly did the now-disputed contractual relationship commence?
Under what set of circumstances did MPP "cease activities on behalf of the Government of Jamaica through Harold C. W Brady of Brady and Co."?

Which party initiated the cessation?
What reasons were given?
Did both parties formally agree to the cessation (in writing)?

Was the outstanding balance of the agreed retainer ever paid?
Did MPP act in pursuance of the contract after the September 18, 2009 invoice was settled?
Are there any other invoices for services rendered by MPP which have been submitted and settled?
What has happened to the written reports of the meetings conducted by MPP with the US officials in pursuance of the now-disputed contract?
Does anyone expect Baby Leys to come to any other conclusion that Harold C. W Brady of Brady and Co.did not have the capacity to enter into contractual obligations with any entity as a representative of the GOJ? Hence, there was no contract between GOJ and MPP. Surprised?

MPP's notification of termination of contractual relationship with Government of Jamaica.

Mistakes, Lies and Missed Tapes

2010-03-29T06:16:00.006-04:00

Source: Jamaica Observer, March 23, 2010

Since the GOJ is reluctant to provide credible answers to some of the questions being asked in the Brady Factor which has complicated the Dudus Extradition Affair (DEA), we thought that "in the national interest" it was our patriotic duty to assist.

Question:

Was the US government duped into thinking that Manatt, Phelps & Phillips (MPP) represented the GOJ in the talks involving the DEA.

Answer: (Choose any or all)

No. The SG of Jamaica accompanied MPP into the official talks on the issue.

No. Brady although not officially certified as "Consultant to the GOJ" retained the services of MPP who were instructed to engage US officials in such talks.

No. Brady and Co. represented a Head of State (Prezi) of a state (Tivoli) within a state.

Question:

Were the amounts paid to MPP as retainer and for services rendered sourced from illegal activities?

Answer: (Choose any or all)

No. The GOJ operates its own extortion scheme called the JDX.

No. In Jamaica money has no taint, the US currency (called greenbacks) is the same official colour as that of the ruling party.

No. It is a time honoured policy of the JLP regime not to question the source of funds. In the 80's banks were instructed not to ask questions.

No. All activities undertaken within Jamaica are protected by the Constitution and have "rights" attached.

Question:

Who were the ultimate beneficiaries of the lobbying efforts undertaken by MPP?

Answer: (Choose any or all)

The GOJ. The whole cabinet is in danger if such initiatives are not successful.

The JLP; Dudus can sing.

The PM; Entry to Tivoli now restricted may be prohibited necessitating the finding of another constituency to represent.

Dudus; Not anxious to embark on a presidential visit at this time.

Brady; In line for an OJ.

Question:

Is the GOJ embarrassed by the action undertaken by Brady - the unauthorized solicitation of MPP to act on behalf of the GOJ.

Answer: (Choose any or all)

No. The GOJ has no relationship with MPP

No. The GOJ has no relationship with the US

No. The GOJ has no relationship with Dudus

No. The GOJ has suffered no such embarrassment for the JLP has only been in office for 2 1/2 years whereas the PNP has caused the GOJ great embarrassment for over 18 years.

No. Brady is not in the cabinet.

"When fools talk they think only fools are listening " - Hat tip to Lambert Brown - The Evening Edition, Radio Mona.

Leys' Lullaby

2010-03-25T06:16:00.003-04:00

Rock a bye baby,
In the treetop
When the wind blows
The cradle will rock

The SG had just recently a few hours before been introduced to the principals of the said law firm who were anxious to obtain an official brief to act on behalf of the GOJ.

It therefore begs the question: Did the SG act most improperly in facilitating the attendance of a private US law firm at an official meeting between himself and the US authorities?

Leys was either naive or was "convinced/persuaded" to change his initial refusal of the gratuitous offer. Unknown to him, he was the one being introduced to the US officials.

Smoking gun and misty mirrors: Who will be held accountable? Who misled the PM? Who is politically dispensable? Who will be "separated" from their responsibilities?

In the end the DEA - Dudus Extradition Affair has been further complicated, if not compromised, by the FBI (now meaning From Brady's Intervention).

When the bough breaks,

The Cradle will fall

And Down will come baby

Cradle and all

Oops!

"Tainted Money" - Politics

2010-03-24T06:16:00.004-04:00

The headline in the Sunday Observer, March 21, 2010 Rich Jamaican Businessman under US Probe must be sending off alarm bells throughout the newly monied interests in Jamaica. Bangarang once again!

Recall the "tainted money" saga in the JLP's internal elections which saw the young turks gaining office. That eventually paved the way for Bruce Golding's return and the ousting of Seaga from the helm.

Then the general election 2007 which saw a very expensive campaign being waged by the Golding - led JLP for some two years. Money flowed from both foreign and domestic sources.

There was little or no concern expressed as to the nature or source of such funds. The main focus was amount and flow. UFO's including Cash Plus and Olint were involved.

The end result was that the Golding-led JLP barely eked out a win (less than a 3000 vote margin) despite the massive injection of cash into its campaign.

Now there is the Brady factor and questions being raised as to the source of the funding to lobby US officials. The FBI is reported as having an interest.

As if that was not enough, it has been revealed that the US has interests in those who have amassed enormous wealth under the JLP Government.

Could the same set of players have been involved to a greater or lesser extent in all these financially tainted activities?
Has Jamaica become one of the world's leading money laundering facilities?
Is this the classic case of dirty money and political power?

We are now having our dirty (and tattered) underwear hung out for the international public to view and smell.

Bruce & Brady Bawl Out

2010-03-23T06:16:00.006-04:00

Let us not confine our examination of this matter to the capacity in which Brady signed the agreement. Let us assume that Brady was not acting as the "Consultant to the Government of Jamaica".

Then who were the real clients of Brady and Co.?
How much money was paid to Brady and Co. to effect such a deal with the US law firm and how were those funds sourced?
Who were the real beneficiaries of the efforts undertaken by the said US law firm?
Was Brady just a "lubricated conduit" - to use the Prime Minister's own words?
Did the GOJ play any role in advising Brady and Co. and/or the US law firm in this matter?
If such initiatives were being undertaken in the USA with state officials and agents acting on behalf of the GOJ, then Jamaica's ambassador to Washington should have been aware of such meetings. Was Ambassador Johnson so aware?
What role if any, did Ambassador Johnson play in this episode?
Could any John Doe just walk into a prestigious US law firm and enter into an arrangement for that firm to act on behalf of a sovereign independent state without certified/official confirmation?
Has the disputed contractual arrangement been terminated?

More Bawl Outs Coming.

The Brady Factor

2010-03-22T07:00:00.005-04:00

The Dudus Extradition Affair (DEA) has been complicated by what can be conveniently called the Brady factor. Spin is unravelling; embarrassment is spilling all over the government; credibility is a casualty; the situation not only looks bad, but it stinks.

The Golding government needs to come clean. It is walking a vanishing line. A number of questions remain unanswered:

•   Was Brady provided with written authority to enter into such an arrangement?

•   Did any government/ministry/department receive and respond to any request from the said US law firm regarding the authority of Brady to enter such arrangements on behalf of the GOJ?

•   Who were the individuals that accompanied the SG to meetings with officials of the US government?

•   Did Brady at any time meet with US officials regarding the DEA?

•   How many meetings did the US law firm attend in their capacity as representing the interests of GOJ?

•   Was the AG and Minister of Justice made aware of the occurrence and outcomes of such meetings?

•   Did the AG and Minister of Justice inform the PM and/or the cabinet of the occurrence and outcomes of any such meetings?

•   Did Brady inform the PM about the progress report of the US law firm"s representation on behalf of the GOJ?

•   Did the PM at any time instruct Brady on the direction/strategy to be employed in dealings with the US officials?

•   How much money was paid to the US law firm under the said arrangements and how were such funds sourced?

The Government's inept handling of this episode is turning out to be the newest quiz show: The Brady Fact - or -???

Bangarang on Broadway

2010-03-21T06:36:00.000-04:00

A new musical is in the works. It's called "Bangarang on Broadway" - a Jamaican production with the local political crew.

The cast is multi-talented and some have never travelled abroad; whereas others have visited Washington ostensibly on government business.

The star is "Prezi" a shortman who garners much respect in his community and enjoyes a special relationship with the government of the day. He is wanted and the usual courtesies of a presidential visit are yet to be worked out. More detials are required before this is signed off.

The rising star is Brady Rex - one of great agility and a proclivity to dance and spin. He is not in the Cabinet; but is known to describe himself as a Consultant to the Government of Jamaica. He can sing and sports a wide repertoire ranging from oldies, rap, hip-hop and even a capella.

Travel to the US presents no problem because they are wanted to perform there. Indeed the demand is so great that they may be forced to remain there for a very long time.

There is a slight problem confronting the organizers. The men will be required to wear short pants. This is viewed as too high a price to pay for the continuous flow of US dollars that hve been promised.

Bruce being under stress has already secured the catering concession for the production. Secuirty is not so tight; but no taping will be allowed.

No provision has been made for the US Ambassador to Jamaica or the proposed new Jamaica Ambassador to the US to attend.

"Revokees" will be given a discount on the entrance fee to the local production provided that they supply proof of recent embarrassment.

Jamaica to the world( but not to the US).

"8 O'Clock Jamaica Time"

2010-03-18T11:31:00.003-04:00

Those of you old enough will remember this political satire produced by Anthony Gambrill and others on the Jamaican political reality.

It was very amusing with notable Jamaican personalities being brilliantly portrayed to the delight of packed houses revelling in the political foibles.

One memorable performance was that of Harold Brady who portrayed Rex Nettleford. Brady, dressed in black leotards, spun and danced his way around the stage as if Nettleford had indeed choreographed himself in the role. The voice and mannerisms were impeccably replicated. Brady was brilliant then with his twists and twirls. He was convincing as Rex Nettleford. The audience applauded his performance and some returned to experience the act again and again.

Sadly Brady is still spinning and twirling his way albeit on a different stage. The performance has not been credible. There is no applause and the audience is flabbergasted. Hopefully there will not be a repeat.

There is another scheduled political satire being acted out: "Bruce-on-the-loose", "Bruce Gone to Pot", B.C.- Bruce Confused".

Unconfirmed reports are that the OCG is investigating ticket sales and casting procedures!

The Brady Contract

Brady's Spin

Buying Time

2010-03-16T15:16:00.000-04:00

The GOJ has "strategically released" detailed information concerning various points taken into consideration in the "Dudus affair".

This action by itself closes the option of going to the courts to have the matter resolved on the current request. The PM, AG, SG, Minister of Justice have held fast to their interpretation/application of the laws they have deemed relevant to the issue. That has been, and continues to be, a very public stand from which there can be no retreat without resignation.

The option of the decision being made by our own DPP, based on evidence supplied by Jamaican and US authorities, to press charges against Dudus in Jamaica is a luxury that the GOJ cannot afford.

International mediation is very expensive and time consuming. The outcome is dependent on the willingness of the contending parties to accept and implement the findings. There are no guarantees that the issue will be resolved.

The solution that seems most likely is the issuing of a "superseding indictment" utilizing the regular channels and devoid of any bases of clarification/delay/rejection.

Irrespective of the option selected, Coke must have his day in court. Unless he waives his rights, then this process should take two to three years to be exhausted. That coupled with the precondition of his arrest would test severely the resolve of the GOJ/LP.

Consider the implications of such a timespan. In 2 1/2 years general elections are due!

Buying time involves hard currency, hard choices and hard consequences.

Can Bruce Cook?

2010-03-14T22:50:00.001-04:00

Source: Jamaica Observer - March 12, 2010

Clovis is my favourite cartoonist and I am not here defending his constitutional rights to a fair viewing. He already has his day in The Observer. This cartoon is based on the unprovoked admission by the Chief Servant as to the means he employs when under stress.

We have written on this. The Chief Servant got a scathing review from The Observer editorial for his unsolicited comical intervention that should have led to his visa being revoked instantly.

The PM must be under considerable stress from both local and foreign sources. The Chief Servant is depicted as sweating profusely as a number of pots boil over. Indeed it is the crisis in the kitchen and the cook appears overwhelmed. Perhaps he will resort to another locale to relieve the stress (sitting on the pot) or just go outside to light the kutchie not the duthchie.

Did I get it wrong? Bruce is prepared to pay the price for the spice. But exactly what is being cooked up to serve on a now ever cynical public?

Given the messed up too salted - budget stew, the Air J curry fiasco, the scathing AA roastpork, Tweety bird cocktails, too sweet sugar deals and burned Lightbuns, it is clear that Bruce is no iron chef.

Operating with an overstaffed kitchen, the menu being offered is at best disappointing. Master cook Eddie did say he was not ready, for when he flopped he also flipped.

The question is unavoidable: Can Bruce cook?

Knots in my Cabinet?

2010-03-08T22:17:00.003-05:00

Bruce-on-the-loose must be appalled by the bumpy ride which cabinet and individual ministers have been experiencing over the past six months. For example:

Audrey Flaw - repeated budgets and accompanying withdrawals.
Tweety Bird - outburst on the granting of bail for alleged kidnappers.
Ed AA Bartlett - scathing report by the OCG of misleading cabinet and misleading self.
Lightweight - to sign or not to sign what is the answer PM?
His Holiness - cabinet not considering political implications of tax measures.
Shinehead - Edith just a haul and pull him.
Dr. Cassava - Hill & Gully sugar divestment.

The" driva" is having a very rough ride - without "a lubricated conduit". The "blinking bus" is in need of a mechanic as "the engine of growth" sputters along.

"Technicalities" whether constitutional, contractual or extradition-al aside, the Chief Servant must be "hard talking" to himself: "knots is my cabinet?"

"Staring" is not enough. "Steering" is required. Can you hear me now? We are all listening. Play the tapes if you think you bad (gun salutes are illegal).

Weapon of Mass Visa Revocation (WMVR)

2010-03-06T10:41:00.003-05:00

It has been done before: it can be done again. In this current age history is prone to be repeated with greater frequency and at much shortened intervals.

Politicians can make all the fanciful distinctions, example:
strains vs disagreements, engagement vs rift. The fact remains, USA is a superpower. Jamaica may just be a "pimple on the backside of progress".

Aside from Bolt, we have nothing unique and in worldwide demand. Reggae is now produced everywhere and the Japanese productions have aped an authentic vibe.

Small countries moreso those in the US backyard had better get used to the WMVR which has proved a very effective tool of applying pressure as it engenders widespread paranoia among the victim population.

Harbour any doubts you may wish but read about the Honduran experiece of just a few months ago.

US Hassles Honduran Businessmen

US Revokes Diplomatic, Tourist Visas of Honduran Officials

DUD - US

2010-03-02T18:09:00.005-05:00

The extradition debacle involving "Christopher "Dudus" Coke, is not so much about the notorious Tivoli mega-businessman with umbilical linkage to the JLP.

It is primarly about the self-interests of leading JLP activists - some being cabinet ministers, some Members of Parliament, senators, prominent "persons" and others financial contributors. It is for the JLP about "US"; not about "you", not about "them" but all about "US".

The real issue has been revealed:

Electronic Telephone Intercepts

How many Members of Parliament had their telephones - private and business - tapped by the authorities?

Over what period time were these "buggings" instituted?

How were individuals/telephone numbers added or extracted from the lists?

What has been done with the contents of the intercepts?

Which authorities - local and foreign - have access to those wire tappings?

It is the self-interests of the JLP not to let the contents of those electronic telephone intercepts (ETI) be used as a basis for any extradition request or as evidence in any local or foreign court. It is not about Dudus per se but the foundation of the extradition request. The JLP Government is mindful of setting precedent and a court adjudicating on the legality of the said intercepts. It cannot take that risk.

In these "extradition treaty technicalities", the Tivoli don is merely a DUD. Can you imagine the potential debvastation of those recordings of the conversations between "prominent persons" and the criminal network? It would be off the Richter scale - a political earthquake triggering a tsunami of resignations (and arrests).

The US seems to know something about "US". Can you hear me now?

The Chen Rules (CR - VII)

2010-02-27T14:09:00.001-05:00

In case you have not been keeping abreast of the happenings in Jamdown, there has been a very recent promulgation of a new protocol concerning the cancellation/revocation of a US Visa. Such is to be referred to as CR-VII.

This is not to be confused with protocols surrounding "Chen-Chen" or that of "WC" although both share remarkable similarities with the new CR-VII.

Rule 1 - Always let your driver wait until your flight has departed before exiting the airport environs. The popular practice of depositing departing passengers and beating a hasty retreat is no longer prudent. It is hereby advised that budgetary allowances be made for a wait between 2-3 hours (longer if there are unintended delays in the car park. Such should increase substantially the revenue from this facility.
Rule II - It is prudent to double check with immigration that your US visa is still valid just in case there has been a very recent update. Hence early morning departures are highly recommended since things may change as the day progresses.
Rule III - Having cleared the Jamaican end there is no basis for comfort as your status may have changed before you reached the first port of entry in the USA. It is hereby advised that you visit the bathroom facilities strategically located throughout the terminal buildings before joining the long immigration queue. Failure to heed this advice may be very embarrassing. There is absolutely no need to raise a stink.

Rule IV - In case your intended journey has been aborted in Jamaica, it is advisable that you activate the following regimes (henceforth referred to as the total F).

F-O-B (Friend of Bruce) Close associates of the ruling party whether original JLP, turn back JLP, NDM or just anti-Sista P who have actively and aggressively ensured the change are in this category. Political appointees will receive special consideration by the Chief Servant.
F-O-P (Friend of Politician) This pertains to your local political representatives to whose election you have contributed financially or otherwise.
F-O-D (Friend of Don) The local Don who had assisted you to obtain the visa in the first place.

It is hereby recognized that only one category may need to be activated as the same individual may be involved in one or more of the others.

Rule V - Under no circumstances should you yourself make contact with the US embassy as they are not under any obligation to disclose the reasons for their action and you may be glad that they do not. Kindly use F-O-B, F-O-P or F-O-D instead.

Rule VI - This new protocol has nothing whatsoever to do with any unsatisfied extradition requests or attendance of government officials at conferences aimed at establishing a regional grouping without the participation of the USA or Canada. It must be recognized that the non-appointment of a USA Ambassador has in no way influenced this protocol save and except governmental communication must now utilize lower level channels.

Rule VII - The janitor and policemen stationed at the US Embassy cannot handle any requests for explanations, irrespective of the bona fides of the requesting person.

It was thought prudent to issue this advisory as more cases are scheduled to become public. Air travel at this time to the US is not recommended for those who have acquired Don-manship status, total F's or beneficiaries of money laundermats.

At this time applications are still being encouraged for VISA and MASTER credit cards.

Finsac Stop Order

2010-02-20T21:54:00.001-05:00

FYI - Judgment of Mangatal J. - Order for Leave for Judicial Review

More anon

Hypocrisy?

2010-02-07T22:21:00.002-05:00

The JLP in Opposition roundly condemned the operations of FINSAC. The charges were that:

State funds were being used to bail out friends of the governing PNP;
Selective secret criteria were being utilized to punish entrepreneurs who had been favourably disposed to the JLP; and
FINSAC properties were being sold to foreigners at a substantially discounted rate whilst FINSAC owners were neither given statement of accounts nor allowed to re-purchase the FINSAC assets at a similar rate.

The JLP in its election campaign gained substantial political capital from its unrelenting attack on FINSAC and its promise to reveal the inner workings of such a diabolical plot which had resulted in the destruction of a budding entrepreneurial class of Jamaicans.

Lo and behold, the revealed list has so far included the names of two (2) senior Ministers in the JLP Government. Confirmation has not been forthcoming concerning the extent of the amount owed and the amount written off.

Available information is that the figures regarding the extent of the waiver/stroke/forgiveness/write-off are grossly understated. Furthermore that more Members of Parliament - past and present - are implicated.

Time will tell as story come to bump. The JLP cannot have it both ways:

Criticizing the diabolical nature of the scheme (blatant and vulgar misuse of state power and state funds) yet its senior members - indeed cabinet ministers are in fact beneficiaries of the said scheme.

Chief Servant Golding should demand that such offending members of his cabinet either pay back the amount waived or have the appropriate deductions made from their salaries.

Consideration should be given to having a similar measure applied to all offending JLP members of the Upper House (Senate ) and the Lower House (House of Representative).

This is not a case of cock-mouth-kill-cock. It has more to do with credibility, confidence, sincerity and trust - all of which this government is diminishing at supersonic speed.

Political integrity demands no less.

Full Disclosure

2010-02-05T23:42:00.000-05:00

There can be no argument about the position of any adjudicating panel. It must be in fact and in perception free of bias, conflict or compromise in the matter at hand. There must not be even a whiff of bias.

The FINSAC enquiry is not a trial. It is a fact finding mission geared at unearthing the truth. Many individuals are playing critical roles in this endeavour. Questions are asked not only by members of the panel but also attorneys representing various vested interests. Both panelists and attorneys play critical roles in determining the eventual outcome of the exercise. But are the attorneys themselves conflicted or compromised? The public needs to know where each attorney stands in relation to FINSAC and the FINSACKED. For example:

Did any attorney, now appearing, work previously for FINSAC?
Did any attorney now appearing, take steps to acquire any of the FINSACKED properties?
Was any attorney now appearing FINSACKED?
Has any attorney now appearing benefitted personally from the operations of FINSAC?

Let us have full disclosure of all the parties involved in this FINSAC enquiry. If hands are dirty, then it is better to know the extent now than to be surprised later. Full disclosure does not pose any jeopardy to an attorney appearing before the enquiry. This is fundamentally different from the position of the commissioners. Clients have the right to employ an attorney of their choice. Their antecedents could affect the angle and manner of approach and the public has a right to know.

We need to put all the cards on the table in order to end the suss, speculation and rumours.

The hide and collide must stop.

Bawl Out

2010-02-02T20:04:00.001-05:00

There exists a listing of all beneficiaries of the FINSAC bail out. This fact was revealed to the general public by the General Manager of FINSAC at the Commission of Enquiry.

So the list exists; it has been compiled; it is available, but only to a select few. Why?

The taxpayers of Jamaica have funded the operations of FINSAC. Taxpayers have borne the gigantic financial burdens of the so-called meltdown. Companies and selected individuals were bailed out. They were given very substantial wavers, write-offs, loans forgiveness, blighs and turn blind eyes. Some were not: their properties were confiscated and sold to foreign interests at a song. While some are still singing a jolly song, others are humming a dirge.

But what were the criteria applied to select those for special treatment and those who were forced to the wall?

Which interests benefited from the forced sale of choice properties?

Did some beneficiaries their political connections to feather their nest?

Are there any members of this JLP Government who have benefited from special treatment by FINSAC?

Are there PNP Members of Parliament - past and present - who are connected to entities that have been given a bligh by FINSAC?

Are there any legal firms or attorneys-at-law who have benefited from special operations by FINSAC?

What are the factors what precluded former owners from re-purchasing their seized businesses/assets at the same price offered to foreigners?

We need to know chapter and verse. Publish the names, connected parties, extent of the sums owed and the extent of the forgiveness by FINSAC.

Bawl Out those who got the Bail Out.

Let us all know those who have been accorded by the GOJ the order of the BO. It smells. Phew!

The X - Factor

2010-02-01T19:56:00.003-05:00

The Government is patting itself on its back for the self-declared success of its debt swap initiative, termed the Jamaica Debt Exchange (JDX).

It is being trumpeted that there has been a 95-99% "voluntary compliance". In any language "voluntary compliance" must be of one's own free will induced neither by threat or treat.

The JDX was done in circumstances where the Government unilaterally set the rates and the degrees of the extension of maturity dates for the swapped bonds. Bond holders were threatened with illiquidity, taxation compliance oversight, termed greedy and characterized as unpatriotic - in short "rapacious capitalists" of the present.

There was no comprehensive analysis of the probable consequences for the Government itself. It has been said that state agencies hold approximately 50% of the local debt stock. They were told to accept it - argument done.

Poor pensioners and holders of pension funds who had patriotically invested in Jamaica and indeed invested in a government which had earlier pronounced that it would not allow "constitutional technalities" to get in the way of its hold on power. Now it is the turn of "contractual technicalities". This regime will not shackled by contractual obligations either to its employees or its creditors.

The attitude is vulgar: we cannot pay at the time stipulated or the rate of interest we had agreed. So this is it, take it or else.

Everything is now being contextualized as a pre-condition for an IMF agreement. Hence, the indecent haste, opaqueness (as opposed to transparency) and prolific edicts (as opposed to consensus).

Somehow the X in JDX does not mean exchange, but rather extortion. The miniaturization of the economy continues and revenues decline unabated. The Government has got it wrong (X), in what can be described as an X-rated intervention.

X marks the spot: not only on the ballot.

Wobbles

2010-01-24T22:49:00.002-05:00

"Wobbles" can be considered as attempted spin which has failed to achieve its objective and has in fact worsened the situation. It is worse than foot-in-mouth disease as it reflects rank stupidity of the progenitor and contempt for the intended audience.

What must be a classic is Charles Ross' contention that the $80 million budget is only an estimate of the overall cost of the enquiry and in any event is a very small figure, in the broader national context.

"The estimated cost is 0.01% of last year's [national] budget so it's really, in the grand scheme of things, not a huge burden. We were offered a rate of compensation and we accepted it. The compensation was not discussed at the time of engagement at all that was something that came when the administration was putting a budget together, we were offered compensation and we accepted it," RJR

This Rossian wobble rubs salt into a raw national wound:

Is the estimate likely to be exceeded and by what percentage (since we are now into statistical importance)?
What does the relationship between the estimated cost and last year's national budget have to do with taxed salt?
What is the relationship between Mr. Ross' earnings from the Commission for a mere 70 days work and his full time remuneration from his private company?
Who would not gladly accept $7.5 million for a 70-day appointment?
That the "compensation was not discussed at the time of the engagement at all" raises the issue of Mr. Ross' appreciation of budgeting, negotiation and reasonable returns, in short financial matters.Then again, the innocent victim: St. Charles may be alluding to the timing of the discussions regarding the compensation to be paid.

Acting Constable Carey is beyond belief.

"I was not adversely affected by the Finsac situation. How does that make it unfair for me to inquire? In this case, I don't sit as a judge. I'm more like a policeman, investigating what went wrong."Jamaica Observer

In a sense Carey is correct: no sitting judge of the Court of Appeal receives $15 million for 70 days work. So he is not sitting as a judge. But no policeman in Jamaica - not even the imported variety - has ever received such extortionist and unconscionable packages. So he is not sitting as a policeman.

But Carey is not even sitting as a Governor of the Bank of Jamaica. Lattie had to work right throughout the year after gaining much experience for his compensation package (and he was fired for it).

If Acting Constable Carey is roasting, then such practice ought not to be tolerated by the JCF. Then again, was there not a report some time ago of someone strategically placed in the JCF? That bogus policeman undertook special assignments beneficial to the special interests.. He was an imposter. Nuff said.

Run With the Bag

2010-01-19T12:49:00.004-05:00

The outrage resulting from the revelation of the compensation packages involved in the FINSAC enquiry has been widely reported in the Jamaican press. Radio Jamaica (RJR), TVJ, CVM, Hot 102, The Gleaner, The Jamaica Observer - all have reported this debacle. Nevermind the report in the Sunday Herald. This is shame and scandal, with or without familial ties.

"Value-for-Money" - that is a well known standard form response by the government for the unconscionable, extravagant and extortionist compensation packages that are now becoming a vexatious characteristic of this JLP regime.

The Bruce Golding-led JLP has never been "value for money". Colossal sums were spent on a two year campaign only to win by less than 3,000 votes. The Bruce Golding-led government has carried on the same wanton abuse of money - this time with government revenue (and not private funding, the UFO's being exhausted).

What is likely to be the final outcome of this so-called FINSAC enquiry given the undue reliance on memory?
Would not a forensic audit have provided a more reliable and accurate account of how the money was spent/lost and decisions arrived at in the particular circumstances?
Is there not an appearance of a conflict of interest where the legal counsel to the commission and the attorney marshalling the evidence are members of the same private law firm?
The budget is $79 million for approximately 70 days. How does this compare with the remuneration packages of the fired governor of the Bank of Jamaica and Hill's sweet deal?
Is the daily rate approximately $1 million applicable to any part of a day or is it adjusted pro rata given the frequency of aborted sittings?
What mechanisms are in place to minimize the likelihood of overruns, resulting in the commission sitting in concrete?
The commission is expected to produce a report. What happens next? How will those who have been adversely affected by state action be compensated? Is there any real possibility of redress or is this merely an exercise to fodder an election campaign?

In the end ( whenever that is) there is likely to be no action; not even a bag-a-mouth but costing the taxpayer a bag-a-money. This has given new meaning to "run-with-it". $216,000.00 per day must be a good roast for a retired anything.

"Value-for-money" is an assessment of outcomes - not of promises or expectations.

Tailor Needed

2010-01-13T05:30:00.000-05:00

Jamaica is a land of many claats. As you mess with someone you are likely to be told about your claat. Those more skilled can reel off the different types with the minimum of provocation.

We need to tell this government about it claat. It is talking out of not two but at least six sides of its mouth. The various utterings not only are contradictory, they just do not make sense. It is not spin - that is an art and must have some degree of credibility. It is unabashed lying: plain red-faced deceit.

But the government is either incompetent or simply does not care. It bungles along - goofing here, there and everywhere. Faced with a mockery of government, this amateurish farce must be draped up and told some choice words. We have to vent for we are vex! To date, Bruce Golding has been an unimaginable disappointment.

Speculation abounds as to the reasons for such a dismal performance record. Yes, there are severe external pressures exerting devastating consequences on our economy. Yes, the PNP made a significant contribution to our vulnerability to such shocks. But the JLP has assumed the reins of government since September 2007.

Maybe we were desperate. Sister P and her posse were just not cutting it. By contrast, the Bruce Golding-led JLP seemed promisingly brilliant. We wished to see an image of emperor Bruce clothed in the finest of garments (and bling) bearing gifts (jobs, jobs and more jobs). An optical illusion if ever there was one.

Telling this government about its claat may just be temporary personal relief. The CS himself needs to adopt a claat approach by wheeling and coming again.

CS, you need to cut some claat in more ways than one. Indeed you may have to tell some of your friends and foes about theirs when you send them packing. You have to cut your suit to fit your cloth. If the fabric has shrunken, or is just not as expansive as you would have hoped, then you must cut and carve. From ministers, ministries and civil service - if the revenue is not there, then adroitly cut the services being provided by government. The purpose of the civil service is to provide service, not jobs.
With a seemingly intractable crime problem, we need for a start to double the complement of the police force. Whilst at the same time introducing a variety of new skills and technology. Some separated from positions in the civil service could find jobs in an enlightened organization honed in a national effort to reduce crime.
Taxation packages are easy for a vision-less regime. Failure to achieve targets beget more and increased initiatives; ultimately yielding similarly frustrating results. Hello CS - people do not work just to pay taxes. Freeze - and - tax has never been a forumla for growth and development. The entrepreneurial spirit has to be stimulated, facilitated and rewarded.
CS, Since you cannot drive, try tailoring - cut some claat nuh!

A Rahtid Lick

2010-01-11T05:53:00.004-05:00

Generally the Observer and Nationwide have been the two media entities which are sympathetic to the Bruce Golding-led JLP in Opposition and in Government.

Over the last two and a half years, they have been prepared to publicize the JLP government's position; and generally given the administration the benefit of the doubt - ie. an extended honeymoon. Well the honeymoon is over as far as the Observer is oncerned. The husband has fallen short, failed to live up to expectations and promises; the bride is disenchanted and frustrated. There is need for counselling (read consultation).

In case you have missed it, on Sunday, January 10, 2010, the Editorial, (not a so-so letter to the Editor) is entitled "A Case of Kin Teet Kibba Heart Bun". Here is the introduction:

"ACCORDING to the West Indian Dictionary, a poppy show is a person or thing that looks ridiculous. That's certainly not a noun which we would want to apply to those that lead us. But when we read the remarks that our prime minister, Mr Bruce Golding, made to the eighth annual Caribbean MBA conference last Wednesday, our options seem frighteningly narrow. Coupled with the rest of his speech, which seems to have consisted of nothing new, or newsworthy, the unflattering conclusion seems inevitable.

According to Friday's edition of the Daily Observer, Mr Golding told the conference that his way of dealing with the stresses of the job he fought for so spiritedly three years ago, was to head to the kitchen and cook them away.

Nothing's wrong with that. In fact, in some other context -- say an informal session with his compadres -- it might even pass for cute.

But we expect sensible leaders to have a sense of occasion.

And with every due respect to our prime minister, we think that his cooking revelation, coming as it did against the background of what cannot be classified by any standard as a successful reign so far, was rather queer, to put it mildly.

This was, after all, an important conference sponsored by important business interests whom we are sure would like to be taken seriously.

Unless their invitation to him was part and parcel of a big joke, or the birth of some sort of Bilderberg-like chatfest, we think he might have taken the trouble to come up with a more significant speech."

That is one rahtid lick. We shudder to think what part of the political anatomy was the target. Bangarang indeed! Ouch, Chief ~~Samfie~~ Servant.

Bruce Gone to Pot

2010-01-08T11:10:00.001-05:00

We do not want to sound alarmist. The Prime Minister has not taken to smoking ganja - at least there is no public admission that he does so.

It has been reported that when under stress, the PM takes to the kitchen and puts all his troubles in a pot and somehow gets relief by watching the flames do their job. In a sense the PM has admitted that like Capleton he is also a fireman. Just picture Bruce with the pot boiling, the flames lasting and saying to himself:

"Bun bad mind, bun bad budget, bun bad luck, bun Eddie!"

Not unlike a number of herbalists, Ras B finds some soothing relief in lighting up - raising flames. Such does not augur well for the Cabinet. For example, can you imagine the trepidation felt by the Ministers when the CS invites them to lunch and says that he will be cooking?

That the CS resorts to cooking when under stress has some unintended consequences. For example, Bruce will be in charge of the catering for the four day Cabinet Retreat. Who will be the uncut members of the kitchen cabinet? Some have no doubt gone to pot, either smoking or sitting.

Bruce must be selfish in that stress release initiative for it is said "too many cooks spoil the broth". The country is anxiously awaiting what he is cooking up. If the stress continues, then he may just open a cook shop. Some may say that he is already running the country like one. IMF stew is on the menu.

Consult Papa Eddie

2010-01-07T00:31:00.003-05:00

Fact#1: EPG Seaga has considerable experience in dealing with the IMF and mulilateral lending institutions.

Fact #2: EPG Seaga has unquestionable forte in implementing taxation measures—hence the nomenclature “Papa Tax”.

Fact #3: EPG Seaga is available; a true labourite who has fashioned the JLP more than any other. It is his legacy that is in peril.

If the above are unassailable and generally (even grudgingly) admitted, then what factors are preventing the Bruce Golding led administration from consulting with Papa Eddie?

Is it not time to put aside or surpass any obstacles that prevent the government from accessing worthwhile advice in the “national interest”?

Given the prolonged and seemingly unprofessional encounters with the IMF, is it not the opportune time to appoint EPG Seaga as “Chief Negotiator”?

They say that a drowning man will grasp at a straw. Jamaica is experiencing a tsunami; the government is merely treading water; it is time for Papa Eddie.He may be more than a straw!!

Lies & Dyes

2010-01-06T06:35:00.023-05:00

We have serious concerns when it comes to political credibility. Some of the key actors in thhe Bruce Goofing regime seem to have been typecast for the roles they have been performing on the national stage. Here are just a few examples as there are a wide pool from which to choose:

Political credibility must be strained when:

a jamaican politician says he has never used “bad words” a.k.a. indecent language?

a Minister sports a hairdo characterised by a less than symmetrical division between dyed black and dyed white?

a speech is touted to be of “national importance”, but was delivered in the wee hours of the morning and contained nothing which would have been uncomfortable in a mundane government press release?

a politician claims sensitivity to the cries of the people who he had just made into weeping minions?

a Minister would have us believe that the entire cabinet sat and deliberated a tax package without considering the political ramifications?

The latest one is the spin that the government knew that it was not possible to effect the tax on electricity consumption before February 1, 2010; yet allowed the prime Minister to declare in two national addresses that the entire tax package (including the electricity tax) had to become effective January 1, 2010? That would make anyone—even the Prime Minister use colourful language.

Speaking of which, some JLP leaders have been quite adept in their use of hair colouring. One even had a nuanced rainbow colouration that varied from month to month. Another apparently economized by sharing his wife’s. They made a matching couple. Those old enough will recall the replacement of official photographs which had white hair with ones suitably altered or dyed replacements.

But the JLP government is not alone.Whilst there may be fanatical loyalty to party colour, hair dye runs aplenty untribalized.The geriatric nature of the Opposition PNP fails to be camouflaged by the liberal application of hair dye. The preference ~~hair~~ here seems to be white.

Since there is a general reluctance to implement term limits, then there could an easy solution: hair dye retirement. Can you imagine how many would run afoul of such a standard? By one count nine members of the opposition would readily qualify and at least two in the Senate.

Some politicians might just opt for the bald head approach; even more so after a less than ~~Ruddy~~ happy experience with dye. Shouts of “shower” may send both sides scampering for cover.

Guess it is just a case of our politicians dy(e)ing to serve the people. You had better believe that!

New Maths: 2 + 2 = 4

2010-01-05T15:10:00.002-05:00

There have been several news reports that the GOJ has failed disastrously in its bid to raise much needed funds on the local market to take care of general housekeeping expenses.

The reports are that the GOJ attempted to float bonds to the tune of some $24B; but only approximately $1B was realized.

Subsequently, BOJ was forced to “hold the bag” and take up the unsubscribed securities. The BOJ’s action was ~~described~~ spun as “temporary finances” and “advances”. One financial analyst has said that such are euphemisms for the printing of money.

Now follow the argument: Having put approximately $23B (unsupported) into the economy, the GOJ is then forced to extract/withdraw a similar amount before it attempts to broker an agreement with the IMF. The latter does not “kin teeth” with lax financial management.

We have asked this question before. We ask it again. Is this the real reason for the amount and timing of the recently announced tax packages? Or is it merely an unfortunate coincidence?

Cabinet:: Tax & Freeze

2010-01-04T15:33:00.002-05:00

So the Chief Machete Man has announced (via public media) a 2-year freeze on salaries paid to government. The Minister of Transport has announced (via television interview) a fare hike of 20% and simultaneously a 2-year fare freeze on private transport operators.

The government has claimed that it is working on behalf of the people - the Prime Minister being the self-proclaimed “Chief Servant”.

Well, how about applying a wage/salary/allowance freeze for 2 years to members of the cabinet? We are all in this mess together. Some cannot avoid living in squalor; others cannot afford multiple refurbished offices much less a work station. Those who can—albeit at our expense—should have a greater share of the burden.

Accordingly, there should be a Greater Cabinet Tax (GCT)—the actual percentage corresponding to the actual number of members of the cabinet. Utilizing taxation as a deterrent/inducement tool, such a tax could be levied on all the members of the JLP in the Parliament. Then you would see real pressure exerted on the Bruce Golding-led administration to effect a lean mean machine (as promised).

Want to bet (tax included) that there would be no more than twelve willing to be appointed?

GCT 2

2010-01-01T00:27:00.000-05:00

Successive governments seem to think that GCT symbolizes Gouge Consumers Tax. Have a deficit? Resort to the Government Crutch Tax. Government has the power so Government Can Tax but can Government Collect Tax? Can Government Calculate Tax?

With the recent flirtation with the Grave Cradle Tax or the resultant Gross Chaos Tax, we are left to conclude that the real meaning of GCT is Government Confusion Tax or is it Generate Crime Tax?

The people cried out, “Woy, Golding Cut Taxes!” And the Government Called Truce.

Yes wheel and come again, adjustments need to be done, after all in a nation of such riches and diversity, this government has options. How about:

1. Graduated Colour Tax - the more they bleach out the blackness, tax them!
2. Garbage Collection Tax – those who can afford to have plenty logically have more waste, tax them!
3. Garrison Comfort Tax – Since garrisons have better security than those of us who helping to subsidize their utilities, tax them!
4. Green Colour Tax – All longstanding members of the Jamaica Labour Party must bear collective responsibility for this tax mess, tax them!
5. Goofing Clown Tax – Every time the government goofs, tax them!

Next time we don’t want to hear address to the nation in an attempt to correct bungling. Golding Can Talk but God Can Too.

10 Tax Questions

2009-12-31T03:19:00.000-05:00

How was the amount of “additional revenue” to cover the fiscal deficit calculated?
If the government’s initial proposal was $22B and the revised package only amounts to $21.812B, then where is the difference to come from?
This sum: $22.812B is “additional revenue”, what is the grand total so far?
Was this sum a pre-condition stipulated by the INF, to be satisfied before any agreement is signed with the Government of Jamaica?
What are the consequences if the proposed tax package fails to meet the various collection targets being projected?
Over what period of time must this additional sum be realized?
Has the fact that the Government failed in its efforts to raise funding on the local market(necessitating the BOJ providing temporary support) influenced the nature and timing of the new tax measures?
Given the prolonged severe financial burden of Air Jamaica and the immense difficulty in having it divested, does it make any economic sense whatsoever in continuing its operation for even one more day?
What factors justified the government’s decision to impose a 2-year wage freeze on its workers, but no corresponding freeze on government imposed charges:levies, duties, imposts, taxes, and user fees?
Are Jamaicans to expect any more tax packages before the end of the financial year-April 2010?

The Dread 2010

2009-12-30T19:28:00.000-05:00

From all indications the new year will be dread. Like the numerical symbolism, we will probably have to cut in half our standard of living—starting with 20 and ending with 10.

The “bad” news is that the government has decided to levy 17.5% GCT on all criticisms/new ideas/leadership initiatives. The “good” news is that government itself is exempt from paying GCT and there is not much to be realized from the Opposition.

That Jamaica has a substantial fiscal deficit is an unquestionable fact. All are experts in how we got into this situation. But we are in a pickle and no experts have come forward with any workable plan. Lots of hope and wishes. Voodoo economics and bandooloism abound. The sad fact is that we have a systemic leadership deficit.

Watch the games being played. The Minister of Finance announces a dreaded tax package in Parliament at a special sitting. The Prime Minister announces the “revised” package on TV. Why is it that the bearer of the bad news is not the one to announce the “acommodation”? Who negotiated such a horrible package with the IMF? Is Audley Flaw being set up? Will the real Minister of Finance please stand up?

Given the dismal record of the named (and maimed) Minister of Finance, we have to question seriously the notion of collective responsibility. On each and every occasion, did the Cabinet approve the taxation package to be announced?

We can only hope that Audley Shaw’s middle name is neither Stephen, Stewart, Samuel or Sidney. For then it would be more than destiny if he turns out to be a perfect A.S.S.