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A tale of too many lawyers

Dudus/Manatt Commission could make legal history

BY DESMOND ALLEN Executive editor -- Operations allend@jamaicaobserver.com

Wednesday, February 23, 2011

THE Dudus/Manatt Commission of Enquiry is likely to go down in the records as the local event that attracted the largest number of lawyers and the biggest clash of legal titans in memory.

It is also likely to make the records as the event generating the most money for lawyers, including at least 10 Queen's Counsels (QC) — the benchmark of legal achievement — and some of whom are estimated to be making upwards of US$500, or J$42,500 an hour.

Up to Monday, February 21, at least 41 of Jamaica's sharpest lawyers had already passed through the doors of the Jamaica Conference Centre in downtown Kingston where the commission has been underway since its preliminary sitting on December 6, 2010.

The number of lawyers is bound to increase as new names emerge to testify before the Commission which was originally scheduled to end on February 28, but now seems likely to go well past that date and overshoot the J$40 million budget allocated by the Government.

The star witness, Prime Minister Bruce Golding, is yet to take the stand and, from the line of questioning so far, the hearing is in for a lengthy examination and cross examination of his much-anticipated testimony.

Key witnesses like Attorney General and Minister of Justice Senator Dorothy Lightbourne and Attorney Lackston Robinson from the Attorney General's Department are also yet to appear.

One lawyer who has so far played a starring role, but outside the walls of the commission, is Harold Brady whose testimony is apparently too scorching to be heard.

Brady, the man at the centre of the Manatt storm, chose to face the courts and pay the paltry fine attached to his refusal to testify before Emile George's Commission.

Government decided to establish the commission of enquiry into the handling of the extradition request for former West Kingston strongman, Christopher 'Dudus' Coke and the subsequent engagement of United States law firm, Manatt Phelps and Phillips.

Coke was extradited last June after waiving his rights to an extradition hearing in Jamaica.

Golding initially denied engaging Manatt to lobby the United States government on Coke's behalf but, in an embarassing about-face, admitted that the Jamaica Labour Party (JLP), and not the Government, had engaged the firm.

Political intrigue

Political intrigue and legal showmanship have added sparkle and top billing to the commission's sessions, and any lawyer not on the roll call there is not likely to attract top dollar — or the J$30,000 an hour fee that Golding named in a recent complaint about high legal fees.

Ironically, Golding's senior legal representative at the Commission, Queen's Counsel Hugh Small is said to be earning more than that an hour.

Opposition People's National Party (PNP) chairman, Robert Pickersgill made it clear that the party's lawyers were not earning taxpayers' money.

"Our lawyers are not being paid $30,000 per hour by taxpayers' money," which was not to say they were not being paid that amount, only that it was not by taxpayers.

"Those arrangements are private arrangements and it is not our intention to make any public comment on that, except that we are proud of the party and we are proud of the representation we are getting," Pickersgill told the Observer.

"We are very proud that it is being demonstrated publicly via television. The provocation (fee) as they call it in law, is not something we are prepared to discuss," he added.

Daryl Vaz, JLP deputy treasurer, said he did not know what rate the party was paying its lawyers and would not know until after the commission had completed its work.

"I don't know and we would not know until the end of the enquiry as we pay by the hour. I know the prime minister is footing his own bill and I did not have a lawyer."

The heat has been turned up by the ruling JLP and the Opposition PNP, both of whom have fielded their most ferocious legal gladiators in what has been a verbally bloody battle playing out in front of live television and radio audience.

The PNP's K D Knight, QC and the JLP's Frank Phipps, QC have emerged as the two biggest heavyweights, with Knight appearing to have the edge with the audience.

But the Phipps/JLP side last week managed to grab the initiative away from the PNP, after turning the tide away from Golding and against Dr Peter Phillips in the episode about the secret MOUs (Memoranda of Understanding), signed without the prior knowledge of then Prime Minister P J Patterson and the Cabinet.

The Commission is also giving credence to the age-old saying that politics makes strange bedfellows and the law too, apparently -- as it is an old PNP stalwart in Hugh Small who is defending Golding, much to the unmasked chagrin of his former PNP colleagues.

The PNP pulled a smart move by parading the first of the women to feature in prime time -- Deborah Martin who deftly laid the wicket for the cross-examination of Dr Phillips.

Frank and Kathryn Phipps constitute the only father-daughter combine appearing at the commission.

Though not lawyers, Dr Omar Davies and O D Ramtallie could not resist adding their presence and support on the PNP side at Monday's session continuing the cross-examination of Phillips by Small. JLP Chairman Mike Henry was prominently noticed there Tuesday.

The roll call of lawyers reads:

* Hugh Small, Sherry-Ann McGregor representing Prime Minister Bruce Golding

* K D Knight and Patrick Atkinson, instructed by A J Nicholson, QC representing the People's National Party (PNP), with support from Leonard Green, Seymour Stewart, Bobby Pickersgill, Delano Franklin; Carl Marshall and Aloun Assamba have bolstered the PNP team

* Frank Phipps, Marlon G Roberts representing the JLP

* Dr Lloyd Barnett, Dr Adolph Edwards representing Senator Lightbourne

* Patrick Bailey, Kathryn Phipps, Audre Reynolds, Alando Terrolonge representing former foreign affairs junior minister Ronald Robinson

* Winston Spaulding, QC, Oliver A Smith representing Douglas Leys, Deputy Solicitor General

* Curtis Cochrane representing the Attorney General's Chambers

* Garth McBean, Symone Mayhew, legal advisor to the Commission

* Linton P Gordon, representing Rear Admiral Hardley Lewin, Major General S Saunders and Lt Col Patrick Cole

* John Vassell, QC, Julianne Maise Cox, Cindy Lightbourne, representing National Security Minister Senator Dwight Nelson

* Paula Llewellyn, QC representing the Office of the Director of Public Prosecutions (which represents the United States Government)

* R L A Henriques representing Lackson Robinson

Other lawyers who have passed through include Philmore Scott; Sheldon Codner; Sheckleford Lloyd; Anthony Pearson; Stacy Bushay; Patrick Peterkin; Donald Bryan and Carolyn Reid-Cameron.

In addition to Emile George, QC, the three-man commission has another lawyer, Donald Scharshmidt, QC. The third member is Anthony Irons, the former permanent secretary in the labour ministry. Secretary to the commission is Dr Allan G Kirton, and administrative assistant is Elizabeth Brown James.

— With additional reporting by Tanesha Mundle

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COMMENTS (22)

Nyah Anderson
2/23/2011

I find it hard to believe that tax payer dollars isn't being used in some form to facilitate the fees of all these (Liars)...oops i mean lawyers!

Eagle Eyes
2/23/2011

@Wa Tch. Thanks for the correction/verification. I believe you understand where I am coming from. However it would take a WHOLE LOT OF CONVINCING for me not to believe Dr.Phillips had not prepared a loaded gun for the Golding Admin. knowing that it was unaware of that SPECIAL MOU. I wonder if Mr.Golding had come out truthfully instead of bobbing & weaving where this event would be? Like it or not, if the extradiction mentioned anything about wire-tapping, then Golding was right to denigh signing

Paul Gentles
2/23/2011

We seem to be battling with the symptoms instead of the problem - bruce!! bruce called this inquiry which will officially be a fiasco if no one (firstly himself) is held accountable i.e. resign or incarcerated. bruce have created jobs for these lawyers so why quarrel with the employees (lawyers)?

G T
2/23/2011

here is the thing... this thing seems to be about Manatt, Phelps & "PHILLIPS" lol. not a joke tho. it look like cause the man name Phillips the COE is centred around him.... while the the JLP involvement is silently pushed under some place... the current MNS should be some what ashamed of himself for not knowin things a low ranking cop knows... Egypt mi say again

Jesse Fraser
2/23/2011

I notice that this discussion is focused on the salaries of these lawyers. Why is this so? Leave the lawyers alone and let them earn their living. Are they to blame that their talents attract a premium rate? Please lets focus on the real reason for this costly enquiry which is that our PM was at pains to disassociate himself from the truth. This contempt for the Jamaican people has to be accounted for.

Island Patriot
2/23/2011

I wonder who is going to foot this bill in the end, since the defendants are the governing administration of Jamaica? Watch if somehow their bills don't get passed on to the Jamaican tax payers!

G T
2/23/2011

Wa Tch
2/23/2011

@Eagle Eyes - no he said he went to the FARA (not the Manatt) website, which everyone in govt. ought to have known about. Apparently this govt. was unaware of same and hence got caught in the lie. Keep abreast of the facts please.
Re: Phipps. Not everyone would have made the connection between Mr. Lewin and Mrs. Lewin. The lady's name was there not her marriage details. The connection was made public by Phipps and that was wrong and dangerous.

Wa Tch
2/23/2011

It is critical that the public be made aware whether taxpayers are footing the bill of any of the public servants here. If they are employed by us why in heaven's name do they need a battery of lawyers including QC's to protect them? We pay them to work for and they must be truthful. I don't recall Evadne Coye or Mr. Lamont having any. Why do civil servants who happen to also be lawyers like Lightbourne, Lackston Robinson, Leys need QC's with those high rates. Somebody needs to investigate this.

Kram Blake
2/23/2011

It seems that Portia is turning out to be the winner in all of this. Peter has been damaged by the JLP lawyers and is not looking so good in the public's eyes and Bruce is already badly bruised. It will be rough for the JLP to have Bruce repaired by the next election. Where was Portia or what was her role in this sorid affair?

ESTEBAN AGOSTO REID
2/23/2011

Yes, JA Cynic, this could probably be the most expensive farce in governmental history.

James Bond
2/23/2011

One thing I know for sure KD has already torn up Bruce Golding's statement. The PM statement ain't worth the paper it is written on. If you notice each time he cross examines a witness he refers to the PM statement and get the witness to contradict the PM statement. What ever these learned lawyers are paid, they deserve every penny. Jealousy and envy will let you achieve nothing, KD is entitled to continue is profession whilst in public office.

Allan Jones
2/23/2011

@Ramon Castro...You need to educate yourself on the sytem of government in Jamaica, Senators are not paid a salary, they are expected to be employed either as a Minister of Govt. or in the private sector. Of course, you cant fathom that since the senator in question does not wear green. You comment on every political issue without an ounce of objectivity. I suggest you engage your brain for a few minutes the next time you comment on such issues, that is if you are capable of doing so.

Eagle Eyes
2/23/2011

Am I remembering Dr. Phillips saying that he knew about the JLP Manatt engagement by going to Manatt WEB SITE? Interesting isn't it? Not what would have let him to this web site? He MUST have been doing some covert work here.
Now remember when Phipps said he knew about Lewin's wife working in the US drug enforcement agency by going to their web site how EVERYBODY bawled out what would have let him to do that?
Now! What led Phillips to the Manatt web site? Did he now know of the problem?

Ramon Castro
2/23/2011

@George Watson -- You can't see nothing else through your orange lenses. The lawyers, whether they are representing the CORRUPT JLP AND PNP are doing their job. That's what lawyers do especially defense lawyer -- throw things out hoping they stick.
You seem to this that the PNP is impeccable. I have news for you and the polls will back me up on this on. Both Party are responsible for the debacle the country in in -- meaning JLP and PNP together are destroying our country.!!!!!

Trevor Harris
2/23/2011

What I want to find out is how many of these QCs are being paid by taxpayers.I think a whole lot of this money could be saved if the PM was not such a pathological evader of the truth. Hugh Small has the arduous task of sanitizing Bruce, I wish him luck.I am wondering if he is going to try to shift our focus from the matter at hand as Phipps so shamelessly did.

Chuck Emanuel
2/23/2011

As someone has recently said, this seems more like a gathering of the absurd. What "truth" are they seeking ?. People seems to be forgetting that it was the accused who set up this Commission.

R Oaches
2/23/2011

Den nuh we bawl seh we want dis expensive poppy show ting yah. We haffi watch dis circus to de end now, or jus tun off wi TVs.
De lawyers dem turn out to be more important than the purpose of the COE. Actually, I don't recall what it's purpose is anymore. I'd have to go and do some research if asked.

Ramon Castro
2/23/2011

These elected representatives have a lot of time away from doing the business they were elected to do. Isn't KD Knight a member of the Senate? He is a lawyer in the DUDUS/MPP affairs, Kern Spencer, SLB Director and God knows who else. Shouldn't there be a law barring elected/Senate representatives from engaging in commercial activities while they are holding elected office. Here they are raking in $Ms and at the same time, the taxpayers have to pay them as MPs/Senators. Poppy show politics

JA Cynic
2/23/2011

Consider the involvement of four Ministers of National Security--two as witnesses and two as attorneys; both political paties sharing evenly in the honours.
Consider the COE could have the acronym: DEA-the christian names of the Commissioners--David, Emile, Anthony.
Then consider the total cost to the taxpayer, and this is probably the most expensive farce in governmental history!!
JA Cynic

george watson
2/23/2011

Watching the COE one would certainly get the impression that Dr. Phillips was on trial. With a typical scorched earth policy the JLP is throwing all the mud at the wall with the hope that some will stick, while all the time diverting attention away from the meat of the matter. Dr. Phillips spent five days on the witness stand. It will be interesting to see how long the PM and his AG will stay there.
And who said rejuvenation of the parties will bring new ideas? From their numerous press releases it shows that the JLP children have not changed much from their fathers.

Jay Brown
2/23/2011

What a grand waste of money. Guess some lawyers will be able to retire after this grand fiasco has ended.
We will be no closer to the truth , but many will be richer nonetheless.

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