Is Mr Golding losing his grip on governance?

Claude Robinson

Sunday, March 21, 2010

PRIME Minister Bruce Golding seems to be a victim of his own eloquence, once again. On Tuesday, he dismissed questions raised by Opposition MP, Dr Peter Phillips about contractual arrangements for representing the Government in treaty matters in the United States.

"The Government of Jamaica has not engaged any legal firm, any consultant, any entity whatsoever, in relation to any extradition matter," he asserted.

By Thursday afternoon (the time of writing), the prime minister was not less assertive. Indeed, he volunteered in a statement that he had made some checks after speaking in Parliament and discovered that there had indeed been discussions involving Jamaica's Solicitor General Douglas Leys, attorney Harold Brady and a US firm, though no deal was struck.

But while Mr Golding continues to stick to the line that the Jamaican Government has not engaged any US firm "in relation to any extradition matter", there is a huge credibility gap between the official statement and information in the public domain.

And it also underscores the widening gap between the prime minister and public opinion over his steadfast refusal to have the Jamaican courts adjudicate on the United States request to extradite Christopher 'Dudus' Coke to face charges of firearms and drug trafficking. Increasingly, Mr Golding's utterances sound more like political gamesmanship and less like the lofty principles he invokes.

The matter of legal representation arose when Dr Phillips sought to find out if the Government had retained attorney Harold Brady as a consultant and authorised him to engage a US law firm and lobbyist, Manatt, Phelps and Phillips, to represent the Jamaican Government in treaty and political issues involving the United States.

Dr Phillips based his questions on a raft of documents available on the website of the US Department of Justice and which have since been confirmed by several news organisations. They are filed in conformity with the Foreign Agents Registration Act of 1938, which requires US citizens and firms that represent foreign governments to provide regular information on their activities.

The documents list Manatt, Phelps and Phillips as the registrant, and the Government of Jamaica, through Harold CW Brady of Brady and Company, as "the foreign principal".

The services to be provided by the firm "will include contacts and meetings with the executive branch regarding existing political and economic matters, including existing treaty agreements between Jamaica and the US".

Further, "The undersigned, Harold Brady, consultant to Government of Jamaica, hereby confirms that he is authorised on behalf of the Government of Jamaica to approve of the engagement of Manatt, Phelps & Phillips, LLP, as set forth in this letter."

Since the agreement was entered into last October, the firm has listed several actions undertaken on behalf of the Government, including two meetings with a deputy assistant secretary of state and a telephone contact with a national intelligence officer. Harold Brady and Company has been billed, and paid, just under US$50,000 for these services.

Against all of that Mr Brady meekly explained that he made a mistake when he signed the agreement with the firm representing himself as a consultant and agent of the Government of Jamaica. The mistake had been corrected, he claimed, but Information Minister Daryl Vaz says no correction has been forthcoming.

Mid-air conversation

The prime minister said Thursday that while solicitor general Leys was on a flight to Washington to meet State and Justice Department officials, he was approached by Mr Brady who advised him that he knew a law firm that could be of assistance. Apparently that was all.

The terse statement left many unanswered questions and the prime minister has a lot more explaining to do because it is clear that some people are lying. He needs to tell the country exactly what he knows and when he knew it. Was the Leys-Brady mid-air conversation just coincidence?

How could a senior attorney like Mr Brady mistakenly believe that he was authorised by the Government of Jamaica to engage one of America's top law firms for US$100,000 per quarter to lobby the US government on treaty matters between two sovereign states?

How could a major US law firm mistakenly believe their client was the Government of Jamaica? Why would senior officials of the US State Department meet with a partner of Manatt, Phelps and Phillips to discuss treaty matters between Jamaica and the US if they were not convinced that the firm was duly authorised to make enquiries on behalf of Jamaica?

Why would Mr Brady make payments to the firm on behalf of the Jamaican government if he did not believe he was authorised to act on their behalf?

Why was the prime minister not in possession of all the facts when he spoke so haughtily in the House of Representatives on Tuesday?

Was it a repeat of the situation when Mr Golding made a string of damning accusations against Derick Latibeaudiere just as he was being dismissed as governor of the Bank of Jamaica last year?

It should be recalled that after Mr Golding's scathing characterisations, Mr Latibeaudiere, in a radio interview, challenged the prime minister was not in possession of all the facts when he made those damning accusations in Parliament. Quite simply, the former governor did not collect $38 million in salary and allowances, nor did he refuse to negotiate aspects of his compensation with Finance Minister Audley Shaw as alleged, and which was offered as the argument for removing the BOJ governor in the midst of the IMF negotiations.

Will the prime minister discover more about the Washington representation? Will there be parallels with the still ongoing drama over the matter of Ed Bartlett and American Airlines?

In that case, Contractor General Greg Christie suggested in a report to Parliament that a sanction could be imposed against Tourism Minister Ed Bartlett, Director of Tourism John Lynch and Executive Director of Jamaica Vacations Ltd Lionel Reid for breaching the rules in signing a US$4.5-million airlift-guarantee deal with American Airlines.

Christie maintained that Bartlett made false and material misrepresentations in his September 9, 2008, written submission to the Cabinet about the deal. "In plain language, the minister purposefully misled the Cabinet," Christie claimed.

"This is an incontrovertible and yet-to-be-explained fact which even the minister himself cannot deny, having regard to the weight of all of the sworn and written evidence which has been entered upon the record," charged Christie.

Despite the serious charges against Mr Bartlett, Mr Lynch and Mr Reid, the prime minister has not uttered a single word of rebuke, let alone taking any action.

Is the prime minister losing his grip on statecraft as he struggles to find a viable political resolution to the request to extradite the most influential figure in his constituency? His choices are not easy, and no amount of legal hop-scotching can mask the ugly truth of the attendant political risks of Mr Coke appearing in court.

First, given what happened after Mr Coke's father, Lester 'Jim Brown' Coke, died in a jail cell fire while awaiting extradition nearly two decades ago, the fear that armed criminal gangs may unleash mayhem in retaliation cannot be ruled out. This could threaten social stability in a country with one of the world's highest crime rates and one of the most wobbly economies.

The second view being openly discussed in bars, homes and on the street is that a trial here or in the US could create a trail leading to highly placed individuals in politics and society and could threaten the very survival of the Government. That could cause anyone to misstep or misspeak.

kcr@cwjamaica.com

POST A COMMENT

You must first register and then login to be able to post a comment.

HOUSE RULES

1. We welcome reader comments on the top stories of the day. Some comments may be republished on the website or in the newspaper – email addresses will not be published.

2. Please understand that comments are moderated and it is not always possible to publish all that have been submitted. We will, however, try to publish comments that are representative of all received.

3. We ask that comments are civil and free of libellous or hateful material. Also please stick to the topic under discussion.

4. Please do not write in block capitals since this makes your comment hard to read.

5. Please don't use the comments to advertise. However, our advertising department can be more than accommodating if emailed: advertising@jamaicaobserver.com.

6. If readers wish to report offensive comments, suggest a correction or share a story then please email: community@jamaicaobserver.com.

7. Lastly, read our Terms and Conditions and Privacy Policy, and before commenting you need to register, conveniently, by clicking the link above.

COMMENTS (21)

3/22/2010

This opposition promised to be a nightmare to the new Jlp govt.and they have proved that they can be and indeed are. We underestimate the conningness and veracity of a Portia Simpson-Miller, but she is proving to be as sly as a fox, as was her predecessor. The calculated nightmares are as follows:
1. Failure to accept a loss at the polls and the dual citizenship fiasco that followed.
2. The crass and deliberate behaviour of the opposition in parliament, especially in the senate and the failure to cooperate on critical legisative matters.
3. The underhanded cooperation to undermine the government with the us govt, UK govt., various ratings agencies, politically aligned members of academia and the media, both at home and abroad.
4. The extraordinary defence of the dismissal of the PSC, the BOJ Governer, the financial secretary, the NHT boss, to name a few instances and the constant sabbotage and leaking of information by party suppertors in the public sector etc.
The dudus debacle and the mabey and Johnson fiasco are just some of the underhanded tatics being employed,
I strongly believe that the pnp, by their own admission is working overtime to mash up the govt credibility at any cost, even if it means they will destroy the reputation of the entire country. We are a nation of crabs in a barrel that is on course to destroy each other at whatever cost and then feed on their own demise.
Undermining the govt will do us more harm than good and is an obvious strategy of a desperate party who would do anything to stay in power.

T G
3/21/2010

LOL it is Comrade mouthpieces/scribes and shills that seems to be losing it!
Mr. Golding is having to deal with Comrade Nightmares.
The Comrades had years to take out Dudus and the other well-known Dons instead they were allowed to grow and wow.......in two deggeh-deggeh years it has suddenly a problem?
Mr. Golding said not one red cent of Jamaica's money went to pay Mr. Brady for Dudus lobby/legal advice.....until you and others can prove otherwise end of the matter.
....TG....

Jim Brown
3/21/2010

It is very unfortunate when persons, who obviously have an interest in suppressing the truth try to criticise others as being biased because they speak out in a clear and honest fashion.
We have to start accepting that wrong is wrong. It should not only be seen as wrong when our opponents do it...and we try and justify why our friends might have done something, which is obviously not in the interest of Jamaica.
So instead, we adopt the attitude of trying to muzzle whoever chooses to speak out by labelling them as politically motivated....We cannot continue like this...same rule for all!

Ras Benji
3/21/2010

Perhaps if they vote is ass out, they can vote in Lecia Jarrett into office, then jamaican and a whole won't look like crop....
One Love!

lecia jarrett
3/21/2010

i am so stick of him now time for them to vote is ass out,he make jamaican and a whole look like crop

Jay Brown
3/21/2010

Mr Editor please leggo d post mek d people dem get d full hundred.
Google " the brady fies" wordpress. Form your own opinion.

josh davis
3/21/2010

http://johnww.wordpress.com/
see the contract on that site..

Wa Tch
3/21/2010

Firm ground Winston G? Check out the timeline and follow the money.
Quicksand is more like it.

josh davis
3/21/2010

winston g. not even the prime minister believe that weh yuh just wite,not even mr.brady..
my question is..will mr.brady take the fall for this and lose all his life long hard work?
because there is only one way out of this and that is a massive fraud case..
mi nuh sorry fe unnuh

Paul Lewis
3/21/2010

Dem tek people fi fool

Winston G
3/21/2010

At "the time of writing" this article, there seemed to have been some doubt about whether indeed Jamaica had in fact hired a legal firm to represent her on treaty matters.
Subsequent to the "time of writing" all doubt was removed. Mr. Brady might have had discussions with the Solicitor General, but Jamaica DID NOT enter into any contratural arrangements with any firm whatsoever.
Mr. Brady confirmed this, and the Prime Minister issued a challenge to the law firm to prove that it entered any arrangements with the state. At the time of writing (this comment) no one has been able to provide any shred of evidence that the Jamaican state has hired anyone to represent us on treaty matters.
In this regard, Mr. Golding has NOT become "a victim of his own eloquence." He is on firm ground.

JA Cynic
3/21/2010

Golding himself has admitted that when under stress he goes into the kitchen, puts on the pots, and starts cooking. This has been depicted in Clovis' cartoon.
Golding is under stress. He has gone to pot.
There is also the question of exactly what he is cooking up to serve on the people.The menu so far has been a disappointment: too salt tax, scothing AA roast pork, burnt light buns & too sweety bird cocktails.
People are asking: Can Bruce Cook? Maybe he flips too much then flops !!
JA Cynic

Tony Slim
3/21/2010

Mr Robinson
Very nice article. As for your concern of civil unrest. Have no fear the JDF is there. Bad bwoy a Jamaica faid a green suit man! If armed criminal gangs decide to unleash mayhem in retaliation. The JDF need to wipe them out with MASSIVE OVERWHELMING FORCE! Who the heck those "scums" think they are! In addition the JDF need to take over the government and flush out the system. They (JDF) are the only ones who are discipline to restore law and order. Major General S E Saunders ROUND UP THE TROOPS! It's about time. GET MOVING!

Norman Lee
3/21/2010

Man -o-man! Golding & Co are finding that governing is no easy job. I think at this time they wish they were back where they were comfortable...with big chat... in opposition!

carlos king
3/21/2010

And "the arm of the law, still, moves slowly as it bends towards JUSTICE!". They can run anywhere and everywhere they want but they can't hide. Frankly, what is happening in "America's backyard" stinks to high heaven and the Americans are sick and tired of it. American is also under pressure for turning a blind eye on Jamaica's corruption. In plain Jamaican parlance- " di battam drap out di bucket" - Set, match- the games over!
"Weeping may endure for the night- but joy comes in the morning!"

Lloyd Scott
3/21/2010

In light of what you have said Mr. Robinson, I think the PM should do the right thing by having the Governor General dissolve Parliament and call an election.This government has lost all moral authority to rule.Some argue what is the alternative,back to PNP?
My answer is yes.The lack of an alternative other than the PNP is the dilemma voters find themselves by not voting for a new party that tries the break the strangle hold that traditional dominant parties have on their citizens,and Jamaica is not alone on this.

John Christian
3/21/2010

Claude ,oh Claude....you are viewing things thru orange coloured lenses,understandably so...because in Jamaica things are viewed and commented on thru various coloured lens...this is very distressing,time and space does not allow me to verbally disect your observations...I am longing for the day,when persons of advantaged opportunity and intellect, will put Jamaica first in a sincere way,and not be motivated by...once again coloured lens...This little country of ours...is heading nowhere...not even those who no better can ...let go the political influence on their thought process...finally Claude....lots of legal stuff you are treading on....leave that alone to those who practise that craft...quoting Mr Christie does not advance your comments...You are a bright mind...maintain your intellectual independence.....

george watson
3/21/2010

I have bno fear that the truth will come out on this latest since the indefatigible, incorruptible sleuth Greg Christie is on to it.
Thanks Mr. Christie and the united States for providing for us what the government of Jamaica is sworn to do but has failed to do so far------, protect us from ourselves.
It seems like so many ages ago when the present government came riding in to power on a white horse, vowing to rid the country of CORRUPTION.
How things and time change.

Chuck Emanuel
3/21/2010

As I have always said and continue to hold firmly is that, those who lead, or seek to lead our people will be, and must be measured by the guiding principles of INTEGRITY, MORALITY and the RULE OF LAW !..
The game is up !.

Kenneth Reeves
3/21/2010

Look what intellectualism and elloquence have done to us:
I remember him now, standing on the deck of his good ship Lollipop, inviting everyone aboard. Then, he spoke eloquently as he stood on the deck, of lofty rescues; “good governance”; “transparency”; “an end to crime”, and jobs for the who-so-ever-will. As it turned out, not even the Cassandras could have convinced us, that the “Chief Civil Servant”, would have transformed into a duplicitous louche.

Kenneth Reeves
3/21/2010

So much for intellectualism and eloquence, and look where it has taken us:
I remember him now, standing on the deck of his good ship Lollipop, inviting everyone aboard. Then, he spoke eloquently as he stood on the deck, of lofty rescues; “good governance”; “transparency”; “an end to crime”, and jobs for the who-so-ever-will. As it turned out not even the Cassandras amongst us could have convinced us, that the “Chief Civil Servant”, would have transformed into a duplicitous louche.

Do you feel buying into Facebook now is a good investment for the long-run?
	Yes
	No

View Results
Results published weekly in Sunday Finance

Username:
Password:

GCT to go down, white rum prices going up

Is Mr Golding losing his grip on governance?