Dear Editor,

According to Michael Williams in his letter to the editor last Friday, Professor Stephen Vasciannie is unsuitable for selection as solicitor general for three reasons: (a) Professor Vasciannie was "first appointed as a consultant to AJ Nicholson". (b) Professor Vasciannie was "part of the team advancing arguments to the Privy Council in England against the people of Jamaica for the establishment of the Caribbean Court of Appeal without consulting the people" and (c) Professor Vasciannie's appointment as deputy solicitor general "was enabled after the removal of Mr Lackston Robinson by the Public Service Commission".
My own research demonstrates that Mr Williams' assertions are entirely wrong.

First, Stephen Vasciannie was never appointed as a consultant to former attorney general, A J Nicholson. He was recruited by then solicitor general Michael Hylton in April 2003 on a one-year consultancy. This consultancy was at the level of a deputy solicitor general in the Attorney General's Chambers. In this capacity, he reported directly to the solicitor general, as is the case with all professionals in the Attorney General's Chambers. As a consultant, Professor Vasciannie was responsible for the International Division of the Attorney General's Chambers. After a year in this position, his job title was formally changed to "deputy solicitor general", a title he currently holds. At all material times, Professor Vasciannie has held a contract within the normal civil service structure, making him answerable to the solicitor general and the permanent secretary in the Ministry of Justice. Indeed, if Stephen Vasciannie had been appointed as a consultant to the former attorney general in a personal or political capacity, it is unlikely that this consultancy would have survived the change of government in September 2007.

It is quite true that Professor Vasciannie was part of the legal team that represented the government before the Judicial Committee of the Privy Council (JCPC) in the matter of The Independent Jamaica Council for Human Rights (1998) Limited v Hon Syringa Marshall-Burnett and The Attorney General of Jamaica. The team of four lawyers was led by then solicitor general Michael Hylton. The key issue in this appeal was whether the legislative procedure adopted by Parliament to abolish appeals to the JCPC complied with Jamaica's constitution. There is therefore no rational basis for asserting that the government's arguments before the JCPC were aimed at the unilateral establishment of the Caribbean Court of Justice as Jamaica's final court of resort.

Mr Williams seems not to understand that lawyers argue cases on the basis of law, and not personal, or indeed political preferences. The inevitable destination of Mr Williams' logic is that all lawyers who defended the previous government in litigation should have been fired when the JLP assumed office in September 2007. This is completely at variance with the idea of an independent civil service, as mandated by Jamaica's constitution. Indeed, Mr Williams' logic of unsuitability would eliminate all three candidates for the position of solicitor general, since all of them have previously represented the previous PNP government in court.

It is simply not true that Professor Vasciannie's appointment as deputy solicitor general was "enabled" by the removal of Lackston Robinson. First, Lackston Robinson was never appointed to the substantive post of deputy solicitor general; he acted in the position only for a year. Mr Robinson's substantive post was that of divisional director to which he was reverted following his tenure as acting deputy solicitor general. Second, Stephen Vasciannie is currently one of three deputy solicitors general. His post is described as "supernumerary", which means that the post would go whenever he does.

While Mr Williams is entitled to comment on Professor Vasciannie's suitability for appointment as solicitor general, it is quite unfair to do so without reference to the facts.

Hilaire Sobers
ohilaire@yahoo.com

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