No man also having drunk old wine straightway desireth new: for he saith, The old is better. — Luke 5:36-39, KJV

IT is important for me to start by stating that this piece is by no means intended to question the competence or capability of Arlene Harrison Henry. Mrs Harrison Henry has proven herself learned and capable in matters of human rights and law throughout her notable career and has held important posts such as president of the Jamaican Bar Association and chairperson of the Jamaican Council for Human Rights. The lady undoubtedly has solid qualifications, but is she what Jamaica needs at this time? Was she in fact the better choice?

Despite Harrison Henry’s extensive and commendable experience, many Jamaicans like me have been impressed and inspired by the manner and form of the current Acting Public Defender Matondo Mukulo. His proactive and considered approach to issues, his openness, and most recently his efficiency with regard to matters at the current enquiry have recommended him to the Jamaican people. Of note is the fact that, under his guidance, 40 statements were offered to the commission of enquiry — a feat which was noted by the commissioner during the proceedings.

I suppose it is not very surprising that the past public defender is seething at the conduct of Mukulu over the last few months. The contrast in styles and effectiveness could not be clearer to any observer, including Witter, and the public approval that has come along with it must chafe quite seriously when he contrasts it with public cries for his removal. If Witter were a true leader, vested in the success of the Office, and not his personal legacy, we might have seen him beaming with pride as he watched the young man appointed on his recommendation bring back some credibility to the office in a relatively short period of time. It is truly regretable that this is not what we have seen.

I am also concerned by reports in the media that the current decision was “the choice of the Government” despite the fact that the Public Service Commission (PSC) is supposed to be independent. I won’t assume what it means and the implications of such a perception. It is also troubling that, despite word that the decision was basically preordained, the commission waited to announce it in order to avoid public protest.

The very reason the PSC is now charged with selecting the public defender is to lend credibility to the office as being devoid of political influence. It would, therefore, be good for the PSC to clarify these issues as, if allowed to fester, they might serve to undermine its credibility.

I wonder if the members of the PSC at least shifted uncomfortably in their seats when making this decision. It could not have escaped their notice that Mukulu has been more present in the public space; offering positions on matters of public concern, and advocating on behalf of the Office. He has been educating the public on their constitutional rights and taking action to protect such rights on behalf of citizens. This is in stark contrast to his predecessor, who was felt to have been a square peg in a round hole, failing to inspire public confidence in the Office. On several occasions the public had cause to wonder when Witter would retire as his seeming inability to get anything done did not correspond to his reputation as a competent and clinical advocate in his younger years.

The PSC could have sent a message to Jamaica and young Jamaicans that it was not interested in reinforcing the long-held view that certain positions are only for those approaching the door of retirement. They could have sent a message that public proof of competence and a change in public perception of the office in just a few months were strong indicators that he was the right man for the job.

A look at past appointments might however help to clarify the value system applied to these appointments. Under P J Patterson’s Administration, the first public defender was Howard Hamilton, QC. Called to the Bar in 1956, the learned Hamilton became public defender 45 years later in 2001. He is noted for his defence of Marxist revolutionary Bernard Coard, noted for his involvement in the revolution in Grenada and was convicted for the killing of the Grenada 7 including Maurice Bishop. Hamilton was also a long-time legal partner of now attorney general and PNP MP Patrick Atkinson. Hamilton left office in 2006 and was succeeded by his colleague and close friend Earl Witter who, interestingly, was also part of the Coard defence team.

Witter was called to the Bar at Lincoln’s Inn, London, England, in July 1972, and began practising in Jamaica in 1973. Under Portia Simpson Miller’s first Administration, Earl Witter was sworn in as public defender at the tender age of 71, 29 years after becoming a lawyer.

Both men hold the Queen’s Counsel designation with strong connections with the legal establishment and were well past retirement age when appointed. It seems 10 years at the bar is by far too little to be public defender, and added to that, one must have the necessary ‘societal’ connections to gain approval.

For Mukulu to become public defender he must wait another 20 to 30 years, but with the manner Witter and Hamilton’s generation have managed the country there might not be a Jamaican public left to defend by the time they decide to give youth a chance.

I am not for one minute suggesting that people of a certain age do not have much to contribute, but the fact is that many of those currently in high office are responsible for the state of our country. I am, therefore, adamant in my view that people below a certain age are better placed to solve some of the most pressing problems we face as a country. We are not held hostage by the history of Jamaica and are more in tune to the feelings and outlook of the majority of Jamaicans who are now under 50 years of age.

An analysis of the Office of the Public Defender, over the years, will show that this office has underperformed and not lived up to its mandate. If the Office of the Public Defender was doing its job, the constant cries of injustice we hear would be mere echoes of the past. Perchance, Tivoli 2010 might not have happened.

The PSC has decided that it will stick with the old rather than try something new. For Jamaica’s sake, I really hope we don’t end up with the same old results.

Quick question of the week: If school principals and teachers must retire by 65, why do politicians and some holders of public office serve in perpetuity? Selah!

Robert Morgan is a communications consultant. twitter @nestaja