Friday, October 7, 2011

The Line in the Sand for the JLP part 11 ..........

Since part 10 in this series from June in essence diverting from the regular LGBT entries to matters of state we looked at the Manatt furor leading to a reshuffled cabinet then the issue of Harold Brady being taken to court for not appearing at the commission of inquiry, shouting matches between members of the opposition and the Jamaica Labour Party and agitations from persons such as PNP Gen Sec Peter Bunting and Peter Phillips shadow spokesman on Finance on the well perceived failed International Monetary Fund  IMF test results for August/September 2011. In a press release on October 6 he called for the government to immediately tell the country whether the scheduled quarterly review by the IMF for the period ending September 30, 2011 is being undertaken. Dr. Phillips said in a statement that the fact that there is no reported progress in the negotiations between Jamaica and the IMF, plus the massive unplanned increase of $33 Billion of debt, coupled with the under-performance of revenues, all point to a deepening of the economic crisis being faced by the country. “The Prime Minister or the Minister of Finance needs to clear the air so that our Local and International Creditors, Investors and all other stakeholders, can be satisfied that there is a plan to return stability to the Jamaican economy,” Dr. Phillips said.
It is critical, he said,that the Government discontinues the practice of with-holding vital economic information from the public and that the economic affairs of the country are not left unattended. The PNP has been playing the "trust" card for some time now since the Manatt inquiry.

Meanwhile the rapid developments in the Jamaica Labour Party cannot go unnoticed as everyone has something to say on it as to the actual resignation date of Bruce Orrette Golding as soon as a new leader can be identified and so he has been so identified and supported in the form of the education Minister Andrew Holness and in a set of swift political moves and show of solidarity speculations have been put to rest as to the other aspirants for the position challenging him, the PM of course has been severely tainted since the whole Manatt Dudus affair with his image taking a battering and persons raising hell on social networks and elsewhere PNP Jamaicabut the opposition in the meantime thought their just ended bus tour and in effect campaign launch would have staggered the JLP further as their ratings soared, well it hasn't in fact the opposite now seems true as statistically the JLP has gained on the near 32 point lead the PNP had with more and more persons liking the Holness factor despite the release of a Progressive Agenda document by the PNP to include a job creation programme, the JLP has poured cold water on it calling it another "crash program" from the seventies.


In a short television poll on CVM TV's Live @ 7 program many persons when asked if the election should be called early disagreed and suggested Andrew Holness show some of what he is made of while putting his team together but there are those however leaning to the PNP who are putting all kinds of spins they can find to smoke up the room. All of the rapidly coming announcements and endorsements of Mr Holness have certainly knocked the wind out of the PNP's JEEP - Jamaica Emergency Employment Programme to which they have yet to properly present how it will work and what actually is it. They refused a recent debate on the matter



Golding did the right thing — survey





Senator and former Minster of Justice Dorothy Lightbourne (seen above) said in a recent television interview when asked how she felt about the PM summed it that the whole Manatt affair was taken out of context and that he was a good leader and the JLP had achieved much in the short space of time. My question is apart from the line in the sand is how are they going to market their achievements and there are many if one were to be honest but in the face of a tainted Prime Minister (who is on his way out). Noted Professor David Rowe also hinted to the PM's possible Obstruction of Justice in the extradition matter on social networking site Facebook on October 3, 2011

Mr. Rowe posted the following note:

OBSTRUCTION OF JUSTICE- THE CASE AGAINST BRUCE GOLDING

By David Rowe · Last edited on Monday · Edit Doc
OBSTRUCTION OF JUSTICE- THE CASE AGAINST BRUCE GOLDING

The Federal Statutes criminalizing Obstruction of Justice are found in Title 18 United States Code Chapter 73.

18 U.S.C. 1502 states:

“ Whoever knowingly and willfully obstructs, resists or opposes an extradition agent of the United States in the execution of his duties shall be fined under this title or imprisoned not more than one year.”

18 U.S.C. 1503 is the common Obstruction of Justice charging section. This section of the Obstruction of Justice statute has two prongs. The first prong relates to interfering with Judicial Officers, the second prong concerns obstruction of the “Due Administration of Justice”.  The second prong of the Obstruction of Justice statute is extremely wide and can lead to an unlimited number of scenarios being subject to prosecution. These scenarios include foreign-based conspiracies.

Bruce Golding’s conduct in deliberately putting off or delaying the extradition might meet the statutory requirements for Obstruction of Justice, which are very broad.   

Bruce Golding’s positions and actions in attempting to prevent the extradition of Christopher Coke may be viewed as deliberate attempts to circumvent the U.S. State and U.S. Justice Department. In addition, by hiring the well connected Law Firm Manatt, Phelps to lobby the White House to thwart the Extradition unquestionably meets the statutory basis for Obstruction of Justice and might also violate the terms of 18 U.S.C. 1510 which states:

  (A) Whoever willfully endeavors by means of bribery to obstruct, delay, or prevent the communication of information relating to a violation of any criminal statute of the United States by any person to a criminal investigator shall be fined not more than $5,000, or imprisoned not more than five years, or both.

Whether the payment to Manatt, Phelps constitutes “bribery” is matter of interpretation. If the payment was made by the JLP then, it is possible that it meets the statutory standard.   

The Tivoli Gardens incident is a human tragedy inflicted upon the people of Jamaica by the corruption and possible Obstruction of Justice of the Bruce Golding Administration. Seventy five or more people died in that incident, many of them would be alive today had it not been for the misconduct of the Government.  

David P. Rowe is a Professor of Law at the University of Miami School of Law 
ENDS

This could spell more trouble if followed up I think is what Mr. Rowe is trying to put across, it may not be over for Mr. Golding as he departs.







But what if the People's National Party decides to follow suit and Portia Simpson Miller decides to resign albeit she is in her late sixties and puts up a Peter Bunting as leader presumptive whilst parting ways with old stalwarts such as Omar Davies (who has been blamed for many of the country's economic woes) and Bobby Pickersgill plus other most of whom have been in politics since the late seventies? The we may have a great race on our hands but the "money" factor must not be left out as seeing the huge ratings jump by the JLP business donours and campaign supporters may throw big bucks at them to boost the high they are now on. As the sections of the very supportive LGBT community towards the PNP sound off and launch their own campaigns on pages and in chat rooms all the past events in the last three years plus are being rehashed but I fear the other eighteen year nightmare of the PNP with P. J Patterson at the helm are not being looked at. The cartoon directly above this paragraph shows a list of scandals that rocked them in their 18 year tenure.  

preview the PNP's Progressive Agenda

Line in the Sand for the JLP? .............. Maybe not as they have sure shot now with the new young leader at 39 years old but PM-designate Andrew Holness will now have to elucidate his Sept 2010 position that Golding did not have to resign as leader because it was not a majority position then. Does he feel that way still?

But certainly for Prime Minister Bruce Golding as he departs, a colourful political career done due to mistakes probably and a controversial support base within the Jamaica Labour Party that in my view used him just to get into power. Andrew Holness was formerly nominated on October 10, 2011 at a special sitting of the area council meeting.

Peace and tolerance

H

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