Is the Contractor General getting ahead of himself ?

A week ago the opposition PNP asked the OCG  to investigate the allegation that contractor YP Seaton had paid for the PM trip to Paraguay. The OCG said this was outside of his role and referred the PNP to the DPP and the police.

I would have not had a problem if the OCG had stopped there, but he went unto to say that YP Seaton had received received around $2.4b on contract since the JLP came into power. Not only was this highly inappropriate for him to point out this matter of fact, but in a highly charged society it conveyed the impression of corruption at worse of favoritism at best.

The OCG did not stop there, today he went unto to publish data suggesting that YP Seaton had received another $3.4b under the JDIP PROJECT as a sub-contractor, while publishing a list of other sub contractors. What was the rational for the OCG publishing this information, coming on the heels on the principal of YP Seaton asking for a public apology.

 

No doubt Greg has done a decent job and has wide public support, but I believe that the love of the media and wide spread support has gotten to Mr Christie’s head . Now he seems on path which seems set to malign and destroy the character of many people who do business with the government and this is indeed a very dangerous trend.

This latest revelation will conjure in the minds of people acts of corruption when there is absolutely no evidence to support this, but with some many Jamaicans unable to read and understand, coupled with politics this is a very bad move by the OCG.

Mr. Christie has suggested in the past that many people be charged only to have the DPP throw these cases out as there was no evidence to support his claims. Just recently the highly effective Mr Ellington expressed concerns about his methods of going to the public before (3hrs after his public disclosure) in a recent case at the KSAC fraud investigation.

Greg in is usual ” I  cannot be wrong attitude” completely missed the point made by Mr Ellington, making an asinine comment that he brief the commissioner 3 hrs after making the investigation public.

 

I think Greg either begin to conduct himself in a different manner and do his job without constantly rushing to the media with his huge pages of report or leave before he does more damage to himself and at worst members of the public who does business with government and are not involved in any corrupt activity.

 

I strongly believe the job has gotten to his head and he now believes he is infallible , which is a dangerous position for one to find them-self.  You get to the point where  you believe you are beyond correction and or criticism .

What’s all the fuss about the Mannatt/Dudus final report?

What’s all the fuss about the Mannatt/Dudus final report?

The Commissioners have submitted their “detailed” 58-page report and the opposition and others have been taking them to task for a “bad report.

Firstly they have noted that given all the evidence over the 44 day period that the enquiry was held, a 58 page report in no way reflects what took place.

Let’s examine the mandate of the COE, the selection process and the deliverables.

After the Dudus/Mannatt debacle the opposition PNP as well as the private sector were all calling for a Commission of Enquiry into the entire affair and the PM bowed to pressure and decided it was the right thing to do.

In true Jamaican way of doing things we immediately applauded the Prime Minister suggesting that he was indeed listing to the voice of the people and acting accordingly.

In true Jamaican fashion, we allowed him to do the following:

• Choose the persons who would sit on and who would chair the COE
• Decide on the terms of reference
• Decide on the deliverables.

It would take a really stupid person who’s back is against the wall to setup a COE to crucify himself and we allow know Bruce is not a stupid person.

So what were the terms and references of the COE and what were the deliverables.

 

1. 1.      The manner in which the extradition was handled and the conduct of the public officials involved
2. 2.     The circumstances in which the services of the law firm Manatt, Phelps & Phillips were engaged in relation to any or all of the matters involved, by whom were they engaged and on whose behalf they were authorized to act.
3. 3.     Were there any misconduct by these officials and if so decide on actions against these persons.

The Findings (based on the mandate)

Items 1. The manner in which the extradition was handled and the conduct of the public officials involved.

 

• The commissioners found that the AG should have signed the extradition earlier than she did
• Dudus constitutional rights were breached as the wire tap information should not have been shared with outside law enforcement officials.
• Lewin acted in contravention of the extradition act.

Item #2 . The circumstances in which the services of the law firm Manatt, Phelps & Phillips were engaged in relation to any or all of the matters involved, by whom were they engaged and on whose behalf they were authorized to act

• The commissioner found that it was the JLP that engaged the services of MPP.
• MPP was engaged to help resolve the Dudus situation after a  “stalemate ”  was said to have occurred.

Item #3 Were there any misconduct by these officials and if so decide on actions against these persons.

 

• The Prime Minister became too involved in the entire process.
• Peter Phillips has no legal authority to unilaterally sign the MOU’s and he breached the Jamaican constitution in doing so.
• No sanctions against any of the above persons.

Recommendations.

1. Wire tapping information law (interception of communication) should be changed to allow for Jamaica to share intelligence with other countries to crime fighting efforts.
2. The post of Attorney General and Justice Minister should be split, too much work load( conflict of interest)

 

My Analysis.

So truth be told the commissioners rummaged through most of the hogwash that came out during the testimony and then produces the deliverables which were part of the mandate which they were given at the start of the enquiry.

So what were these persons expecting ?

The fact is we  celebrated and applauded the move by the PM to establish this COE and we allowed him the freedom to decide everything, so how could we have really expected anything else.

As a country we set the bar way too low and as such we will never strive for or achieve excellence as we pay too much emphasis on politics vs really finding out the truth.

The PNP is hopping mad as they did not get what they wanted since this report was supposed to be their trump card ie that card on which they could ride into the general elections in 2012, sadly for them that will not be the case.

Another week from now the Mannatt/Dudus affair will be history and all over by the shouting , while Bruce and the JLP will live to fight another day.

If the real intention of the COE was to get to the truth and not as politicized as it was, maybe we would have gotten closer to the truth, however once politics strode in, all objectivity was lost and the end result was political posturing and everyone defending their party.

The future of Commission of Enquiries in Jamaica

I cannot recall any COE which has worth the money spent to conduct the equiry itself. COE of inquiries have been devoid of any detailed investigation and are really not supported by law for the politicians own selfish reasons, hence there continued failure.

We have come to accept these failures as par for the course and have not demanded changes that will give COE the teeth they need to be really effective.

Outcomes we never got or asked for .

 

Q1. Who paid mannatt and where was the source of funds (SOF)

We never did find out who paid MPP, where did the money come from to make such payments. Now in any investigation this would have been really easy to determine as, I am sure my seven yr old could tell them where to get the information from and then we would really know who was corrupting the process.

Wire transfer is the easiest way to trace funds as the electronic footprint can never be truly erased, if you are really looking. So we really were not looking for the truth.

During the COE the treasurer of the party said the funds were from private donars so why were the transfers made through a fund that was recently accused of being a slush fund.    ( See the Jamaica Observer to see which fund was accused of that recently)

Q2.      How did Dudus come by a copy of his own warrant

The minister off national security, the justice minister, the AG and the DPP should have been forced to discuss and we  determine how did this occur.

Who got copies of the warrant, how many copies were made, were the copies controlled and who had an opportunity to get these into the hands of the most wanted. This would have been a criminal offence and show a clear link between the political directorate, some other public official or law enforcement.

It was never a question and as such no answers were forthcoming.

Q3.      Who really engaged manatt ?

 

This question was never really properly answered as the star witness was silent and did not testify and as such will pay a measly $500 and walk away as that is the maximum he can be fined.

Q4.      What was the role of the Minister of National Security in this affair.

The minister testimony was punctuated by ” I cannot recall” and as such he did not have to offer any information that could damage him and /or his party. So we have no idea of his role and how he contributed to what occurred.

My recommendations.

 

R1.      We need to setup specific standards as it relates to

a)                 When a COE is considered necessary.

b)                Who is authorized to setup such COE .

c)                 Terms and reference should be very clear and not left up to the will and fancy of any one person.

d)                The truth must be the main focus of the enquiry.

e)                 They must be devoid of political influence and/or flavour.

f)                  We must establish criteria for selection of persons who will chair and sit on these COE.

R2.      All future commission of enquiry should have the following as part of the setup.

a)                 Seasoned investigators where it is believed that a criminal offence may have been committed. These persons will be responsibly for carrying out investigation into the matter under enquiry.

b)                A public prosecutor who will look at the evidence submitted and decides if criminal or civil charges should be brought against those persons who testified throughout the trail.

c)                 No one called to the trail to testify should be allowed to either remain silent or choose not to be able to recall any matter of importance. ( See R3)

R3.      Laws need to be amended to make it a criminal offence for a public officer or any other persons to refuse to testify. In addition the perjury law should be enacted which makes it a criminal offence to lie before a commission of enquiry

Persons so involved to be subjected to a minimum of five years in prison, plus a fine not less than $500,000

 

R4.            Political parties must be barred from setting up COE.

Once a party as setup a COE its typically to get exonerate themselves or get at the opposition party vs determine the truth and have such persons who have violated the laws punished.

Petro Caribe deal, lack of transparency by the PNP(claims JLP)

Courtesy Wikileaks

C O N F I D E N T I A L KINGSTON 000803 

SIPDIS 

SIPDIS 

STATE FOR WHA/CAR (RANDALL BUDDEN) 

E.O. 12958: DECL: 05/22/2016 
TAGS: PREL PGOV PTER PINR ECON SOCI ENRG KCOR JM
VZ, XL 
SUBJECT: JAMAICA: OPPOSITION LEADER HOPES TO WIN AT LEAST 
37 OF 60 PARLIAMENTARY SEATS IN IMPENDING NATIONAL 
ELECTIONS, BUT DECRIES CHAVEZ'S GROWING INFLUENCE 

REF: A. KINGSTON 393 (211315Z MAR 07) 

     ¶B. KINGSTON 705 (111640Z MAY 07) 

Classified By: Ambassador Brenda L. Johnson, reasons 1.4 (b) and (d) 

Summary 
-------- 

1.(C)  Leader of the Opposition Jamaica Labour Party (JLP) 
Bruce Golding: 

-- confidently predicts the JLP will win at least 37 of 60 parliamentar 
seats in impending national elections; 

-- has "now confirmed the arrival" in Jamaica of 4 to 6 million U.S. 
dollars in cash given by Venezuelan President Hugo Chavez to finance th 
upcoming election campaign of Prime Minister (PM) Portia Simpson Miller 
(PSM)'s ruling People's National Party (PNP); 

-- decries Chavez's growing influence in Jamaica, and asks "whether the 
U.S. is merely a spectator, or is going to register serious concerns;" 

-- sees no signs of election violence. 
End Summary. 

Chavez alleged to have given millions to influence impending national 
elections 
-------------------------------------------- 

2.(C)   At his request, Opposition Jamaica Labour Party (JLP) Leader 
Bruce Golding met privately with Ambassador (accompanied by PolOff) the 
afternoon of May 21 in his office at JLP Headquarters.  Ambassador bega 
by asking about Golding's recent visit to New York; he said he had held 
an excellent meeting with former Governor George Pataki two weeks ago, 
and had discussed at some length the prospects for Jamaica's impending 
national elections.  He had "now confirmed the arrival" in Jamaica of 4 
to 6 million U.S. dollars in cash given by Venezuelan President Hugo 
Chavez to finance the upcoming election campaign of Prime Minister (PM) 
Portia Simpson Miller (PSM)'s ruling People's National Party (PNP) 
(Reftel A).  JLP supporters had "seen signs of this money at work on th 
ground."  He then said: "at the risk of being blunt, the question is 
whether the U.S. is merely a spectator, or is going to register serious 
concerns."   The Ambassador reiterated Washington's deep reservations 
about Chavez's political and economic influence throughout the region, 
and assured Golding that we had expressed these concerns to the 
Government of Jamaica (GoJ); however, the U.S. was unable to intervene 
directly in the electoral processes of other countries. 

Petrocaribe and Petrojam 
------------------------ 

3.(C)  Golding then said he had asked Opposition Energy Spokesman 
(Member of Parliament for St. James West Central) Clive Mullins to 
"investigate" the deal recently struck by the GoJ to sell 49 percent of 
Jamaica's national oil company Petrojam to Venezuela for only 63-69 
million U.S. dollars.  He said the valuation of Petrojam should be 
determined by the level of investment and shareholding; he understood 
that the company's valuation recently had been estimated at 300 
million U.S. dollars.  PNP insiders had "told me it has gotten to the 
point that whatever Chavez wants, Chavez gets."  Golding then maintaine 
that the JLP's "real fear" was that "when we take power, we'll find tha 
the previous Government has made agreements without public discourse." 

Meeting with DAS Duddy 
---------------------- 

4.(C)  Golding then said he had appreciated his recent meeting at the 
State Department with DAS Duddy, whose "disquiet" over growing 
Venezuelan influence in Jamaica had been "obvious."   But the question 
"as to whether this was a serious issue with the U.S." was another 
matter.  Ambassador said she understood that Golding had been very 
favorably received in Washington, and also noted that Gov. and Mrs. 
Pataki were her personal friends. 

JLP's Funding Difficulties 
-------------------------- 

5.(C)  Golding then noted that, historically, the JLP had relied on 
corporate donors for 70 percent of the Party's  funding; however, the 
"levels of money needed" had "grown beyond corporate donors' ability." 
 He estimated the election would cost 250 million Jamaican dollars 
(3.7 million U.S.).  Once the elections had been called, the JLP's 
donors would be "more forthcoming." However, the most recent results 
from pollster Bill Johnson, published in the Jamaica Gleaner newspaper, 
purporting that the PNP currently enjoyed a seven-point lead nationally 
were "not helpful" in raising donations.  The JLP was "going after" 
about nineteen constituencies normally held by the PNP, and money was 
"key" in swinging the marginal constituencies. 

Timing of Elections 
------------------- 

6.(C)  In response to Ambassador's inquiry about the timing of 
elections, Golding observed that the "most recent speculation" was that 
PSM would announce in late June that the elections would be held in 
July.  Ambassador noted that PSM was scheduled to address an ILO meetin 
on June 12 in Geneva and to meet with Prince Charles on June 13, and 
also had indicated she would attend the Caribbean 20/20 Conference in 
Washington June 19-21.  Golding noted that PSM might announce elections 
the last week of June, following her return; alternatively, she might 
cancel one or more of her commitments. He then said he was unsure 
whether the latest poll had "buoyed" the PNP, but his PNP contacts had 
told him they were "worried."  The JLP planned to be on the campaign 
trail "three-to-four days per week over the next six weeks." 

Corruption Endemic: Polls Suspect 
--------------------------------- 

7.(C)  Golding then observed that there were "not many things in Jamaic 
without a price tag: newspaper stories are for sale."  He described 
corruption as "endemic," and acknowledged its presence within the JLP. 
Casting cold water on the Bill Johnson poll in the Jamaica Gleaner, he 
said "if you want a poll, it's for sale." 

JLP to win at least 37 of 60 seats 
---------------------------------- 

8.(C)  In response to Ambassador's inquiry, Golding confirmed that he 
and PSM had agreed to hold three debates within seven days following 
nomination day: the first to focus on the leaders themselves, the secon 
on the economy, and a third on social services. He then noted that, as 
had been the case in the recent budget debates in Parliament (Reftel B) 
PSM would enjoy the advantage of low expectations, and thus needed only 
one sound bite to look good; in contrast, "I must perform for 90 
minutes."  In response to Ambassador's inquiry, Golding said that forme 
PM P.J. Patterson was giving the PNP "tactical advice," but was not out 
in the trenches.  He then maintained the JLP was "confident of winning 
37 seats (of total 60), and possibly as many as 41."    He said there 
were 18 ) 19 seats which were "really difficult for the JLP."  He noted 
that, in the Southwest St. Ann constituency, a traditional PNP 
stronghold, divisions among contending PNP factions gave the JLP a 
chance for victory. 

No signs of election violence 
----------------------------- 

9.(C)  In response to Ambassador's inquiry as to whether the 
elections might be marred by the kind of violence Jamaica had 
experienced in past years, Golding said he saw "little indication of 
violence;" it had become "politically unacceptable."  While there alway 
would be some risk of spontaneous incidents, he detected "no signs of 
any violence being planned." Ambassador concluded by reiterating U.S. 
hopes that the two parties would continue to eschew violence, and 
that the country would benefit from peaceful and clean elections; this 
would serve the mutual interests of Jamaica and the U.S.

PNP paid back Trafigura with Chavez money?

DEPT FOR WHA/CAR - RANDALL BUDDEN, ROBERT COLLINS 
Courtesy Wikileaks 

E.O. 12958: DECL: 03/20/2017 
TAGS: PREL PGOV ENRG ECON EINV EPET MASS CARICOM JM
XL, XM 
SUBJECT: JAMAICA/VENEZUELA: OPPOSITION LEADER DEEPLY 
CONCERNED OVER CHAVEZ'S INFLUENCE 

REF: A. KINGSTON 89 (NOTAL) 
     ¶B. KINGSTON 215 (NOTAL) 
     ¶C. 06 KINGSTON 2021 (NOTAL) 
     ¶D. KINGSTON 342 (NOTAL) 
     ¶E. PORT-OF-SPAIN 220 (NOTAL) 

Classified By: Ambassador Brenda L. Johnson, reasons 1.4 (b) and (d) 

SUMMARY AND RECOMMENDATIONS 
---------------------------- 

1.(C)  In drawing closer to flamboyant Venezuelan President 
Hugo Chavez, Jamaica is "getting mixed up with something from 
which it will be difficult to extricate ourselves," according 
to Leader of the Opposition Jamaica Labour Party (JLP) Bruce 
Golding.  In a private meeting with Ambassador on the eve of 
his March 23 visit to Washington, Golding: 

-- reiterated claims that Chavez was providing USD 4-5 
million in cash to finance the election campaign of the Prime 
Minister (PM) Portia Simpson Miller (PSM)'s ruling People's 
National Party (PNP); 

-- alleged that Foreign Minister Anthony Hylton and other 
senior PNP figures recently had traveled secretly to 
Venezuela to receive additional cash, part of which then was 
used to repay the Dutch-based oil trading firm Trafigura a 
USD 475,0090 "contribution" it previously had given the PNP 
in a major campaign finance scandal (Reftel C); 

-- claimed that, given Jamaica's indebtedness to Venezuela 
under Petrocaribe and the recent signing on of an MOU for 
importation of 2.5 million tons of Venezuelan liquefied 
natural gas (LNG) annually beginning in 2009, Jamaica risked 
being pressured into supporting Chavez's positions in 
international fora; 

2.(C) (Summary cont.)  Golding acknowledged that: 

(A) the Jamaican Ministry of Foreign Affairs and Foreign 
Trade (MFAFT) adroitly had resisted Chavez's heavy pressure 
for an invitation to the massive official opening ceremony of 
the Cricket World Cup (CWC) series held March 11 in Trelawny, 
deftly offering an alternative stopover meeting with the PM 
in Montego Bay ; 

(B) the PM had responded smoothly and noncommittally to 
Chavez's public suggestion that Jamaica join the "Bolivarian 
Alternative for the Americas (ALBA)." 

3.(C)  Recommendations:  Embassy shares the Opposition 
Leader's concerns over the influence of Venezuelan money and 
energy supplies in Jamaica in the years ahead, and recommends 
that USG officials use his March 23 visit to Washington as an 
opportunity for serious discussion of these issues.  As 
demonstrations of continued U.S. interest in Jamaica, 
restoration of IMET (recently zeroed out for FY-08 and 
beyond) and a visit from a high-level USG official 
(Secretarial- or Assistant Secretarial-level) would be most 
helpful. 
End Summary and Recommendations. 

4.(SBU)  Opposition Jamaica Labour Party (JLP) Leader Bruce 
Golding approached Ambassador during the opening match of the 
Cricket World Cup (CWC) series on March 13 to request a 
private meeting, which was held the morning of March 16 at 
JLP Headquarters.  The Ambassador presented the Opposition 
Leader a copy of the schedule of appointments arranged by 
WHA/CAR for his upcoming visit to Washington; Golding 
expressed thanks, and said he looked forward to the visit 
(note:  post appreciates WHA/CAR's efforts in arranging such 
a comprehensive schedule). 

Chavez's Growing Influence 
-------------------------- 

5.(C)  Golding then said that JLP concerns over the influence 
of Venezuelan President Hugo Chavez in Jamaica (Reftels A,B) 
had heightened in recent weeks.  Asking that the U.S. hold 
the information in strict confidence, he confirmed that a 
"senior person in the Government" had been passing him 
sensitive inside information, and that "a number of persons 
within the Government" were "frightened over the secrecy" 
surrounding the Government of Jamaica (GoJ)Q,s recent 
dealings with Chavez.  He claimed that Foreign Minister 
Anthony Hylton, Minister of Industry, Commerce, Science, and 
Technology Philip Paulwell, and Senator Colin Campbell 
recently had flown to Caracas.  Upon arrival at the airport, 
they were supposed to have been picked up by helicopter, but 
instead were given one or two large packages; immediately 
thereafter, they returned to Kingston.  The next week, the 
Government had announced it had repaid the Dutch-based oil 
trading firm Trafigura a USD 475,000 "contribution" made to 
the ruling People's National Party (PNP) in a major campaign 
finance scandal (Reftel C). 

Not Bowled Over 
--------------- 

6.(C)  The Opposition Leader then observed that Chavez's 
recent brief unannounced visit to Montego Bay "had not been 
arranged in the normal way."  He understood that the 
flamboyant Venezuelan President had wanted to attend the 
massive opening ceremony of the Cricket World Cup (CWC) 
series held March 11 in Trelawny.  The GoJ had had to "use 
every diplomatic resource at its disposal to dissuade Chavez" 
from attending the high-profile event.  The GoJ had taken the 
position that CWC was a Caribbean, rather than Jamaican, 
event; therefore, his attendance would have required the 
approval and coordination of all the participating 
countries--Q*and for this, time had been insufficient. 
Therefore, as an alternative, the GoJ had suggested a 
stopover visit in Montego Bay, and Chavez grudgingly had 
accepted.  ((Note:  Further to Reftel (D), post will provide 
additional information on the LNG MOU signed by Chavez and 
PSM on March 12 in Montego Bay as it becomes available. End 
Note.)) 

Putting the PM on a Sticky Wicket? 
---------------------------------- 

7.(C)  Golding then noted that Chavez's public invitation to 
Jamaica to participate in Venezuela's ALBA program, made 
during his meeting with Prime Minister Portia Simpson Miller 
(PSM), had been "the sort of thing normally worked out in the 
corridors, rather than in public."  Golding said he did not 
know whether Chavez's ALBA invitation had taken PSM by 
surprise; if so, by saying only that the GoJ would give his 
offer due consideration before taking any decisions, she had 
handled the situation well. 

8.(C)  The Opposition Leader then said he feared the GoJ was 
allowing itself to be maneuvered into a position in which "it 
would have no capacity to say no to Chavez."  He then 
reiterated his claim (Reftel A) that Venezuela was providing 
USD 5-6 million in cash to finance PSM's election campaign. 
He said that, until just before the Trafigura 
"contributions," the PNP had had financial problems, even 
finding it difficult to maintain its party facilities.  But 
recently, there had been a dramatic turnaround.  The PNP no 
longer was aggressively canvassing the private sector, 
apparently because their contributions no longer were needed. 
 Private sector companies which historically had contributed 
to both major political parties no longer were being 
approached by the PNP.  He believed Chavez had taken on the 
role of a "godfather with money," and that Jamaica was "being 
sucked into an agenda not of our own making.  Chavez waves 
cash, we're mesmerized, and cave in to anything he wants." 
Jamaica needed "guidance as to how to deal with Chavez." 

9.(C)  Ambassador agreed that Chavez's growing influence was 
of serious concern.  She suggested that Golding raise these 
concerns with USG officials during this upcoming visit to 
Washington.  She noted that Trinidad and Tobago's recent 
decision not to supply LNG to Jamaica on concessionary terms 
(Reftels D, E) had not helped matters vis-Q-vis Venezuela. 
She also reiterated that, as a means of demonstrating the 
USG's continued interest in Jamaica, she had requested that a 
high-level U.S. official visit at the earliest opportunity. 

10.(C)  Golding then said that, given Jamaica's indebtedness 
to Venezuela as a result of Petrocaribe, it would be easy to 
imagine a scenario in which Chavez offered to write off or 
defer a portion of these debts in return for GoJ support of 
his positions in international fora.  In response to 
Golding's question as to whether the U.S. had communicated 
its concerns over Venezuela to the GoJ, the Ambassador 
recounted the Embassy's recent sustained effort to dissuade 
the GoJ from supporting Venezuela for a seat on the UNSC, 
noting that the PM at one point had claimed to have left the 
decision of Jamaica's position entirely to Foreign Minister 
Hylton.  She volunteered to share the latest information on 
Jamaica's voting record at the U.N. 

11.(C)  In response to Ambassador's inquiry as to whether he 
believed the PNP, as it claimed, actually had returned the 
Trafigura "contribution," Golding replied that, while he 
still had doubts, his doubts were receding.  It seemed 
"logical" that part of the cash apparently received by 
Hylton, Paulwell, and Campbell while in Venezuela had been 
used to pay back Trafigura. 

National Elections in June or July? 
----------------------------------- 

12.(C)    In response to Ambassador's inquiry as to whether 
PSM might call elections in the wake of what was shaping up 
as a highly successful Cricket World Cup (CWC) series, 
Golding noted that the PNP had been "busy since December 
registering voters," and that the lists of these voters would 
be published on May 31.  Jamaican law prohibited the 
publication of voter lists after elections had been called; 
therefore, PSM probably would wait until early April, setting 
an election date in June or July.  The Opposition Leader 
concluded by observing that, in drawing closer to Chavez, 
Jamaica was "getting mixed up with something from which it 
will be difficult to extricate ourselves."  He did not rule 
out the possibility of the flamboyant Venezuelan President 
"arriving here in the middle of the Jamaican election 
campaign." 

Comment 
------- 

13.(C)  In contrast to the optimistic impression he had given 
in previous meetings, on March 16 Golding appeared decidedly 
downbeat.  He may sense that the highly successful start to 
the Cricket World Cup (CWC) series and attendant publicity, 
as well as Chavez's largesse, are working to the advantage of 
PM Portia Simpson Miller. 
End Comment.

What does the Mannatt/Dudus Commission report say we have a copy!

First there is NOTHING explosive in the report, so what many where expecting they will not be getting.  Among the recommendations that are being made is something I suggested just after the entire affair which resulted in the extradition of Dudus, read it at the link below. We spent over $70+ for what, I have always maintained that the commission of enquiry was a waste of time and the report tabled has proved this.

The commission is  reporting on Dr Phillips signing of the MOU which was not even part of the scope of the commission of enquiry while the main items seemed not to have been adequately addressed.

Once again we have found to celebrating announcement and not performance and/ or implementation !!

What did we really spend $70m for?

Did we get value for money?

Who was held accountbale?

Which laws were broken and whats the penality ?

So Bruce should have not inserted himself in the middle of the process, so how come no sanctions for the PM?

Another enquiry which mandate was not meet but everyone was paid handsomely, this is a scandal !!

Here is the mannatt report !

ExtraditionRequestReport

https://commonsenseja.wordpress.com/2010/07/05/dudusgate-forcing-the-need-for-constitutional-changes/

TT , Caricom, Jamaica and LNG !!

SUBJECT:  JAMAICA: LIQUID NATURAL GAS PROJECT IN DOUBT; SIGNIFICANT
ECONOMIC AND POLITICAL IMPLICATIONS FOR THE REGION

REF: A. 06 KINGSTON 1592

 ¶B. 03 KINGSTON 467
 ¶C. 03 PORT OF SPAIN 2184
 ¶D. 04 PORT OF SPAIN 2042
 ¶E. 06 PORT OF SPAIN 529
 ¶F. 06 KINGSTON 1687

¶1. (SBU) Summary: Ostensibly because of production constraints,
Trinidad and Tobago (T&T) reportedly will renege on its promise to
supply Liquid Natural Gas (LNG) to Jamaica, thus jeopardizing a USD
1.6 billion expansion of Alcoa's alumina operations in Port
Esquivel.  Jamaica's lead role in the negotiation of the PetroCaribe
agreement with Venezuela, which robbed T&T of a captive market, may
well have been a factor in the GoTT's decision.  This has
significant political and economic implications, as Venezuela may
now replace T&T as the largest supplier of energy in CARICOM.  This
latest development also underscores some of the difficulties faced
by the regional integration movement.  End summary.

----------
Background
----------

¶2. (U) Jamaica has the dubious distinction of being one of the
highest per-capita consumers of oil among non-oil producing
countries (ref. A).  During 2002 the country consumed 25 million
barrels of oil worth USD 600 million.  By 2006 the figure was 27
million, costing about USD 1.74 billion and translating into 10.53
boe (barrels of oil equivalent) per citizen.  Relatively cheap
prices (due to a flat versus variable tax on gas) combined with
soaring demand from inefficient electricity and bauxite companies
are the underlying reasons for the high per-capita consumption.
This high and growing dependence on imported petroleum prompted the
P.J. Patterson-led administration to embark on an energy
diversification drive in 2002.  Anthony Hylton, a former government
minister at the time and now Foreign Affairs and Foreign Trade
Minister was appointed an Ambassador/Special Envoy to drive a
project to introduce Liquid Natural Gas (LNG) into the energy supply
mix by March 2007 (ref. B).  Hylton commissioned a number of
studies, which concluded, inter alia, that the introduction of LNG
would slash the country's fuel bill by as much as 30 percent.

¶3. (U) To develop a supply agreement, Jamaica initiated dialogue
with Trinidad and Tobago (T&T) in 2002.  In mid- 2003 discussions
stalled (ref. C), as Jamaica argued that T&T was obligated to sell
LNG on the same terms as it did to domestic firms (national
treatment) - a "Caribbean" price.  With the GOTT dissenting, Jamaica
sought a legal opinion from the CARICOM Secretariat.  Hylton, a
lawyer himself, argued that while the opinion might not be decisive,
it would be persuasive in Jamaica's favor.  The response from the
Secretariat, in late 2003, largely agreed with Jamaica, and by the
end of 2004 the two countries had signed a memorandum of
understanding for the supply of 160 million cubic feet of LNG a day
(ref. D).  "This agreement is expected to lead to a competitive,
predictable and assured long-term supply arrangement for LNG on an
agreed base pricing and escalation basis," Patterson said at the
time.  "This is to be seen as just one of the great benefits that
will flow from the integration of regional economies when the
CARICOM Single Market and Economy (CSME) comes into being," he
continued.

------------------
The Rhetoric Fades
------------------

¶4. (U) Despite this MoU, a final deal remained elusive, prompting
new Prime Minister Portia Simpson-Miller to journey to T&T in May
2006 to get a firm commitment from Prime Minister Patrick Manning
(ref. E).  The visit was particularly timely, as the American-owned
alumina producer Alcoa, which had announced a USD 1.6 billion
expansion project based on the availability of LNG, reiterated its
intention to postpone the investment until a deal was sealed.  By
the second day of Simpson-Miller's visit, Manning again reiterated
his commitment to sell Jamaica 158 million cubic feet of LNG per day
by 2009.  The pricing provisions were expected to recognize Jamaica
as a CARICOM partner, extending the principle of national treatment.
 However, by the end of 2006, the head of T&T's state-owned national
gas company, Frank Look Kim, revealed that the country would not
have enough natural gas to sell to Jamaica in the near future, thus
further jeopardizing the Alcoa investment, while forcing the GOJ on
the defensive.

¶5. (SBU) The GoJ, clearly pessimistic about the LNG project, and
desperate to realize the Alcoa investment, changed their focus.
Jamaican Cabinet Secretary Carlton Davis revealed, in December 2006,
that the GoJ was placing coal firmly on its agenda as an alternative
source of energy for the Alcoa project.  He added that coal was
always going to be an important part of the electricity company's
future.  Initial plans for land-based LNG storage facilities were
changed due to cost and time factors, and the revised project cost
was scaled back to a quarter of the original USD 400 million.  At
the same time, the GoJ began to look closely at ethanol as an
alternative.  Basil Waite, a recent member of the administration and
now Executive Chairman of Global Energy Ventures, told emboffs that
a proposed ethanol plant will be built on the 20 acre site in Port
Esquivel which had been slated for the land-based LNG facility.

--------
Game On?
--------

¶6. (U) The saga took a new twist in February, 2007 when Manning
contradicted reports that T&T would renege on the MoU.  Manning, who
was attending the CARICOM Prime Ministerial sub-committee on
external negotiations, noted that supply side constraints had indeed
emerged, but stated that he would shortly inform Jamaica on how T&T
could best satisfy Jamaica's LNG needs.  He said that his government
had completed arrangements with three gas companies to arrange
supply, complete with time frames.  "The GoTT is determined to
satisfy its contractual obligations to the GOJ.  An agreement was
signed in good faith, and it is our determination, notwithstanding
statements to the contrary coming from dubious sources," he told a
press conference following the ministerial in Montego Bay, Jamaica.

--------
Game Off
--------

¶7. (U) However, the supply side argument re-emerged a week later,
with T&T again suggesting that due to increased demands for LNG
locally and internationally, its LNG deal with Jamaica was now
contingent on a formal cross-border agreement with Venezuela (Note:
T&T and Venezuela have a protracted dispute regarding LNG fields and
maritime boundaries.  Endnote).  The death knell was to be delivered
shortly after that, when Manning admitted that T&T might not be able
to honor its commitment due to supply problems.  There is
speculation that T&T lost interest in supplying Jamaica with LNG
after the issues of national treatment and Petrocaribe arose.  The
development helped induce the GoJ to turn to the Venezuelan
government.  But whilst courting Chavez, the GoJ continues to
suggest that it expects T&T to act in good faith and honor their
commitment under the MoU.

¶8. (U) Manning's disclosure is not surprising given world LNG prices
at record levels.  Any extension of concessionary rates would have
significant revenue implications for his country.  In addition, T&T
firms enjoy significant competitive advantages in the region due to
their low electricity costs.  Favorable terms for Jamaica would
erode these benefits and eventually allow Jamaican firms to replace
some of the goods now being imported from T&T, thereby narrowing
T&T's USD 500 million trade surplus.

¶9. (SBU) It is further understandable given the political
underpinnings of the Petrocaribe agreement.  It is widely believed
in Jamaica that T&T was irked by the GoJ's decision to turn to
Venezuela to supply most of Jamaica's energy needs.  The fact that
this oil is bought on concessionary terms is of little comfort to
T&T, since it lost a captive market.  Commentators here believe that
Jamaica's position as lead negotiator was considered a slap in the
face to a CARICOM partner just when the integration process was
gaining traction.

-------
Comment
-------

¶10. (SBU) Jamaica's LNG initiative was contingent on the extension
of concessionary prices from T&T, invoking the principle of national
treatment.  But given soaring international demand, supply
bottlenecks, and the attendant record prices, this was always going
to be challenging.  Additionally, any extension of national
treatment to Jamaica would have had important economic repercussions
in T&T, which now enjoys significant competitive advantages because
of its low domestic energy prices.  Similar benefits to regional
firms would undercut T&T's favorable trade balance with Jamaica.  At
the same time, Jamaica's role in negotiating the Petrocaribe
agreement, which robbed Port of Spain of a captive market, seemed an
undermining of the integration movement by one of its chief
protagonists.  Nevertheless, the GoTT could not protest such a
lucrative deal, given its own reluctance to extend similar benefits
to overburdened regional partners (ref. F).

¶11. (SBU) Comment cont'd: From the Jamaican perspective, T&T always
has appeared to want to opt out of the MoU, and finally to have
found a strong and acceptable justification.  The supply bottleneck
provided the perfect foil, and it therefore came as no surprise that
Manning eventually reported that T&T had to delay the deal for this
reason, while crudely suggesting that Jamaica seek refuge in
Caracas.  This has significant political and economic implications,
as Venezuela may now replace T&T as the largest supplier of energy
in CARICOM.  Further energy concessions extend Venezuela's political
reach in the region.  Additionally, T&T might not escape unscathed,
as Trinidadian firms which export to Jamaica could face some
backlash (Note: According to a recent article in the Jamaica
Gleaner, Jamaica imports some 60 percent of Trinidadian manufactured
exports.  End note).  Additionally, there is the possible impact on
the CSME, as this latest episode serves as grist for the mill for
those opposed to the integration movement.  (Note: Septel will
report on the implications of the recent agreement between the
governments of Jamaica and Brazil aimed at assisting the
modernization of the local sugar industry, and the development of
ethanol.  End note).

--------------
Media Dogfight
--------------

¶12. (SBU) The fallout between the GoJ and GoTT has been reflected in
a series of vituperative editorials appearing in the Jamaica Gleaner
and the Trinidadian press.  The Gleaner has accused the GoTT of
"myopic economic nationalism," and Trinidad's Guardian newspaper of
"jingoism."  Likewise, both the Jamaican Chamber of Commerce and the
Private Sector Organization of Jamaica have made public expressions
of disappointment over the GoTT's actions.  In an editorial in the
Jamaica Gleaner on March 11, former Jamaican Prime Minister Edward
Seaga also weighed in, comparing the LNG debacle to the disagreement
between the two countries over the establishment of the Esso oil
refinery in Kingston in 1958.  At that time, Jamaica was accused
"ignoring the spirit of the Treaty of Chaguaramas," and of "putting
Jamaica first."  Seaga argues against the "small-time thinking
prevalent in the region," and suggests that the way forward is to
position Jamaica as an independent supplier of LNG by building a
storage facility to facilitate transshipment of LNG from Nigeria,
Qatar, or elsewhere to the United States.  End comment.

USA Predicts disaster for Jamaica if PNP wins in 2012 !! Wiki

Courtesy Wikileaks

Summary, Analysis, and Comment
-------------------------------

1.(C) Respected former Minister of National Security Peter
Phillips will challenge former Prime Minister (PM) Portia
Simpson-Miller for the presidency of the opposition People's
National Party (PNP) during the annual party conference in
September.  Phillips shrewdly has calculated that, in order
to wrest the leadership from the populist, charismatic
Simpson-Miller, time is no longer working in his favor, and
thus has thrown down the gauntlet -- marking the first time a
sitting PNP President has been challenged in the party's
70-year history.

2.(C)  A crime wave; soaring inflation, food, and fuel costs;
the latest opinion poll results; and prospective court
rulings combine to make it unlikely that PM Golding will risk
a snap general election this year unless at least one, and
preferably both, of the following conditions were to hold:

-- an unanticipated court ruling were to imperil the narrow
parliamentary majority of Golding's Jamaica Labour Party
(JLP);

-- the leadership struggle between Simpson-Miller and
Phillips were to so badly fragment the weakened opposition
PNP that Golding could be confident of gaining a significant
number of parliamentary seats.

The PM does not have to call elections for another four
years; speaking privately with Ambassador, he has confirmed
he has no intention of doing so anytime soon.

3.(C)  The worst outcome of the looming PNP struggle would be
a party in which the influence of the more moderate and
pragmatic Phillips faction had been sharply diminished, with
Simpson-Miller remaining Opposition Leader surrounded by, and
beholden to, such left-wing loyalists as Donald Buchanan,
Paul Burke, and Phillip Paulwell.  Looking ahead, if the
current JLP Government fails in its economic and national
security reform efforts and Golding loses the next election,
Simpson-Miller then would return to power and form the next
government with Phillips and his supporters relegated to the
back-bench.  In such a scenario, Jamaica could go the way of
Haiti: fatally riven by crime, poverty, drugs, gangs, social
disintegration, and emigration -- all the more reason for
strong U.S. support of Golding s ongoing reforms.
End Summary, Analysis, and Comment.

Background: a Marathon Game of Political Chess
--------------------------------------------- -

4.(C)  Phillips' recent announcement of his intention to seek
the presidency of the People's National Party (PNP) during
the annual party conference in September is the latest move
in a labyrinthine game of three-dimensional political chess
which has been underway since May, 2002, when newly-reelected
former Prime Minister (PM) P.J. Patterson announced he would
not lead the PNP in any future elections.  Patterson touched
off a bitter succession struggle for the party presidency
among the seasoned heir-apparent Phillips, then-Finance
Minister Omar Davies, and the charismatic populist Portia
Simpson-Miller (PSM).  PSM's eventual victory left deep
wounds from which, despite an outward veneer of unity during
the 2005-06 PNP Government, the party never has recovered
(reftel A).  The once-vaunted PNP machine has lost three
successive elections: the 2003 local government election, the
general election of 2007, and another subsequent local
government election.

Why Throw Down the Gauntlet Now?
--------------------------------

5.(C)  Opposition Leader PSM's spirits have been lifted by
two recent polls: one giving her a personal popularity rating
six points ahead of incumbent PM Bruce Golding (still favored
by a plurality as the best leader of the country), and a
second indicating that the PNP has pulled to within two
percentage points of Golding's ruling Jamaica Labour Party
(JLP) in overall support.  Buoyed by the first encouraging
news in months, PSM's supporters have decried the timing of
Phillips  decision to challenge her for the leadership; some
accuse him of recklessly sacrificing the party's interests in
pursuit of personal ambitions.  In Post's estimate, the
58-year old Phillips' move is anything but reckless: it has
been calculated carefully and timed strategically, based on
the following factors:

(A) An alarming crime wave, resurgent inflation, and high oil
and food prices are taking a heavy toll on average Jamaicans
(reftels B,C,D).  Coming from humble origins and representing
the grass-roots, populist wing of the PNP, the charismatic
PSM is a master at projecting empathy with the poor and
downtrodden.  Given her recent up-tick in the polls, Phillips
can no longer safely assume that she would lose a possible
snap general election, should Golding call one, and
subsequently be ousted as PNP Leader.  ((Comment:  Post
believes this would have been Phillips' preferred route to
the PNP presidency -- but it now looks unlikely: in the
course of a lengthy private meeting with Ambassador on July
21 (septel), PM Golding confirmed that he does not plan to
call an election anytime soon.  End Comment.))

(B) The Court of Appeal will not hear the application of
defeated PNP candidate Abe Dabdoub, who is seeking to be
awarded the West Portland parliamentary seat without having
to face a by-election against the JLP's Daryl Vaz
(disqualified because of dual citizenship, reftels D,E) until
November 24.  Few observers believe Dabdoub's application
will prevail, fewer still that he could win a by-election.
PM Golding has stated publicly that, rather than allowing
members-of-parliament (MPs) to be seated by the courts
without having been elected, he would call a snap general
election.   Yet most observers believe that, both in West
Portland and several other constituencies in which JLP MPs
face similar legal challenges, the most likely eventual
outcomes are by-elections won by the incumbents ) thus
leaving the narrow 32-28 JLP parliamentary majority intact.

(C)  In light of the above ) crime, inflation, polling
results, and prospective court rulings ) PM Golding is
likely to call a snap general election this year only if at
least one, and preferably both, of the following conditions
hold:

-- an unanticipated court ruling imperils the narrow JLP
parliamentary majority;

-- the leadership struggle between PSM and Phillips so badly
fragments a weakened, polarized PNP that the ruling JLP could
be confident of gaining a significant number of parliamentary
seats.

After all, Golding does not have to call elections for
another four years, and would be taking a real risk in doing
so.

(D)  Finally, with the PNP's coffers seriously depleted,
Phillips is universally recognized by the party faithful as
the better fund-raiser, enjoying closer ties to the middle-
and upper-classes and business community.  A number of
influential PNP organizers and activists reportedly have
shifted their support from PSM to Phillips (including,
ominously, at least one figure with reputed underworld
connections).

Factoring in all the above trends, Phillips shrewdly has
calculated that, in order to wrest the PNP leadership from
the charismatic PSM, time is no longer working in his favor
) and thus has thrown down the gauntlet in advance of the
annual party conference.

How Divisive a Showdown?
------------------------

6.(C)  Given the bitter history of rivalry between them and
their respective PNP factions (reftel A), whether Phillips
and PSM can again contest the leadership without fatally
weakening the party is an open question.  Phillips is likely
to avoid frontal attacks against the charismatic Opposition
Leader, instead acknowledging her loyal service to the party
while portraying himself as the better-organized,
more-seasoned figure who can defeat Golding whenever the next
election may come and thus return the PNP to power.  For her
part, PSM is unlikely to yield the leadership gracefully: she
recently stated publicly that: "when I hand over the baton,
it will not be to my generation, but to the next generation
of young persons of the People's National Party."

Possible Implications for U.S. Policy
-------------------------------------

7.(C)  From Post's perspective, the worst outcome of the
looming PNP struggle would be a party in which the influence
of the more moderate and pragmatic Phillips faction had been
sharply diminished, with Simpson-Miller remaining Opposition
Leader surrounded by, and beholden to, such left-wing
PSM-loyalists as Donald Buchanan, Paul Burke, and Philip
Paulwell (reftel A).  Looking ahead, if the current JLP
Government fails in its economic and national security reform
efforts and Golding loses the next election, Simpson-Miller
then would return to power and form a new government in which
Phillips and his supporters would be relegated to the
back-bench.  As noted reftel (B), in this scenario Jamaica
could go the way of Haiti -- fatally riven by crime, poverty,
drugs, gangs, social disintegration, and emigration -- all
the more reason for strong U.S. support of Golding's ongoing
reforms.

JLP Organizes Island wide Protest

Courtesy Wikileaks

” The more things change, the more they remain the same”.

 

C O N F I D E N T I A L SECTION 01 OF 02 KINGSTON 002082

SIPDIS

DEPARTMENT FOR WHA/CAR (BENT)
SOUTHCOM FOR POLAD AND J7

E.O. 12958: DECL: 9/7/15
TAGS: PGOV SOCI ELAB JM
SUBJECT: JLP ORCHESTRATES ISLANDWIDE DAY OF PROTEST AGAINST
GOJ PRICE INCREASES; COINCIDES WITH PETROCARIBE "SUMMIT"

REF: KINGSTON 02053

Classified By: CDA Thomas C. Tighe.  Reasons 1.5(b) and (d).

-------
Summary
-------

¶1. (U) On September 6, the opposition Jamaica Labor Party
(JLP) carried out an island-wide demonstration against the
People's National Party government, on the same day that
Prime Minister P.J. Patterson was hosting Venezuelan
President Hugo Chavez, Cuban President Fidel Castro, and
senior delegations from CARICOM states, the Dominican
Republic, and Montserrat for the signing of the PetroCaribe
agreement.  In much of the capital, streets were empty and
businesses closed as most residents stayed home while many
held demonstrations in their communities.  Actions were
largely peaceful, though sporadic roadblocks, gunshots, and
violence were reported across the island, and police made
numerous arrests.  In the aftermath, the JLP announced a
successful protest, and stands prepared to do it again if the
GOJ does not respond in a way that addresses the concerns
that were expressed.  End Summary.

--------------------------------------------- ----
JLP Calls for Peaceful Protest of Price Increases
--------------------------------------------- ----

¶2. (U) Jamaica Labor Party (JLP) leader Bruce Golding on
September 4 called for a nationwide day of protest against
the GOJ, to be held on September 6.  The JLP magnanimously
announced that it had pushed the protest back by 24 hours,
not wanting to disrupt the traditional first day of school
for Jamaican children.  In any event, schools were closed
nationwide on September 6, disrupting the second day of
school.  Probably not coincidentally, the JLP protest took
place on the date of the GOJ-hosted PetroCaribe signing
summit (septel) in Montego Bay, where Venezuelan President
Hugo Chavez and Cuban President Fidel Castro were visiting
with Prime Minister PJ Patterson and government leaders
representing 16 Caribbean countries.

¶3. (C) Delroy Chuck, JLP MP and shadow justice minister, told
Pol/Econ Chief late on September 3 that the JLP leadership
would meet the following day in the Stony Hill section of
Kingston to finalize plans for the protest.  Perhaps in a
moment of unintended candor, Chuck cheerfully acknowledged
that the JLP had been out of the news lately and needed to
"remind" voters that it remains a force.  The action,
explained JLP General Secretary Karl Samuda on September 4,
was prompted by the GOJ's series of recent price hikes,
including increases in the general consumption tax (GCT), bus
fares, water, electricity, and landline telephone service.
Higher prices have drawn the ire of citizens, especially the
poor, who have already faced double-digit inflation rates in
the past two years (reftel).  In a party statement, Golding
on September 6 called for the protest to be carried out
"within the law."

---------------------------------------
The Capital Shuts Down, Violence Flares
---------------------------------------

¶4. (U) In Kingston, traffic was very light throughout the day
on September 6, a sign that those residents who were not
demonstrating had chosen to stay at home, either out of
solidarity with protesters, or out of fear for their own
safety.  Some people, including Embassy employees, reported
setting out for work only to find their route obstructed by
manned roadblocks, forcing them to return home.  The result
was a capital that appeared largely deserted, with businesses
shuttered for most of the day, if they opened at all, and few
cars on the road.

¶5. (U) The media reported isolated incidents of vigorous and
often dangerous demonstrations around the island, including
burning roadblocks and gunfire that The Jamaica Gleaner
newspaper described as "mayhem" and "pandemonium."  Police
reported the arrests of 35 protesters, including Spanish Town
Mayor Andrew Wheatley, who was reportedly participating in a
roadblock.  At least one JLP Member of Parliament, Mike
Henry, was also seen supporting residents who had set up a
roadblock.  (Note: A PNP MP told us on September 7 that
blockage of roads specifically violates the law, and that the
police high command's pre-approval of the demonstrations
specifically precluded roadblocks.  End Note).  Embassy
contacts in the Jamaica Constabulary Force (JCF) reported
that one police officer was shot and slightly injured in
Kingston, and that at least two people were killed during the
day.  Some people were reportedly pulled from their cars and
beaten by demonstrators.

-----------------------------------------
PNP Dissuades Supporters from Involvement
-----------------------------------------

¶6. (C) Notwithstanding the incidents that took place, Balfour
Denniston, member of the People's National Party's (PNP)
National Executive Committee (NEC), told Poloff at midday on
September 6 that the demonstration appeared to be atypical in
its moderation.  He cited the country's violent gas riots in
1999, when both PNP and JLP supporters took to the streets.
The PNP, said Denniston, had taken measures on Sunday,
September 4, to avoid a similar scenario by discouraging its
constituencies across the island from lawless behavior.  He
said that the party had sent its local representatives to
communities to "lubricate" influential community leaders,
including by "handing out money."  Denniston said that the
party's efforts had been successful, implying that primarily
JLP supporters were causing trouble during the current
demonstration.  Denniston said that the JLP's call to action
was not/not irresponsible, and that Golding had explicitly
called for peaceful and lawful demonstrations.  However,
Denniston said he suspected that certain aggressive elements
within the JLP, including Deputy Leader and MP James
Robertson, could incite violence among demonstrators loyal to
the JLP.  In that case, Denniston said, volatile areas like
Spanish Town and West Kingston could easily "blow up."

--------------------------------------------
JLP Claims Success, Watches PNP for Response
--------------------------------------------

¶7. (C) JLP General Secretary Karl Samuda told Poloff on
September 7 that his party considered the demonstrations a
success, although he did lament the fact that some protesters
had become unruly.  Samuda insisted that the JLP only
endorsed peaceful demonstrations, but admitted that protests
in Jamaica seem to be inextricably linked with road blockages
and lawlessness.  However, Samuda added that the protest was
the first in Jamaica to be so controlled and organized at the
constituency level, as opposed to past demonstrations, which
have developed more spontaneously at a central location.
Samuda said that the JLP was now looking forward to the
September 13 session of Parliament, in which it hoped the PNP
would be willing to revisit its agreement with Jamaica Power
Service Company, the Mirant-owned utility whose recent price
increases kicked off the protest.  In addition to the
electricity costs, Samuda said that unreliable power meters
were also a problem that the GOJ should address.

¶8. (C) Samuda maintained that the September 6 PetroCaribe
meetings were never discussed during the JLP's planning
meetings, and that the timing was "a sheer coincidence."  He
also said that he was upset by the Private Sector
Organization of Jamaica's (PSOJ) complaints about lost
productivity during the protests.  Samuda called the PSOJ
hypocritical, pointing out that it had called for a day of
business closures following the May 21 death of "one of their
own," businessman Maurice Azan.  Samuda insisted that the
Jamaican people were entitled to a day of demonstration,
considering that more than 1,000 people have been murdered so
far this year.

-------
Comment
-------

¶8. (C) News of the JLP's call for a day of protest was
greeted in some quarters with unease, as many Jamaicans
recalled the infamous 1999 "gas riots" in which JLP and PNP
supporters united and created widespread havoc.  Others were
probably happy to take a "free" day off work.  Either way,
the impact of the day's actions remains to be seen.  On one
hand, business interests lamented a day of lost productivity
and the associated negative economic impact, which one
economist said was likely to affect investor confidence.  On
the other, the JLP is willing to overlook the economic damage
if the PNP takes citizens' demands seriously in Parliament.
Unfortunately, GOJ action to address the people's demands
will only continue to reinforce the notion in Jamaica that
violence and "bangarang" are the only effective means to
achieving political ends.  End Comment.
TIGHE

Adams, Shields and Danhai Williams !! Wiki

Courtesy Wikileaks

C O N F I D E N T I A L SECTION 01 OF 02 KINGSTON 002728

SIPDIS

STATE FOR WHA/CAR (BENT), INL/LP (BOZZOLO)

E.O. 12958: DECL: 12/18/2015
TAGS: PREL KCRM SNAR JM
SUBJECT: SIX POLICE OFFICERS ON TRIAL FOR MURDER

Classified By: Ambassador Johnson.  Reason 1.5(d)

Summary:

¶1. (C) In late November, six Jamaica Constabulary Force (JCF)
officers, all members of the now disbanded Crime Management
Unit, were put on trial for the unlawful killing of four
people at a home in Crawle, Clarendon in May 2003.  Chief
Judge Lensley Wolfe ruled that the prosecution failed to make
a prima facie case against three of the officers and ordered
the jury to release them.  Deputy Commissioner of Police Mark
Shields advised NAS Director on December 16 that he believes
that all of the officers are going to "beat the rap."
Political Ombudsman, Bishop Herro Blair also advised NAS
Director that he had no faith in the judicial system and
based on what he felt was the prosecution's inability to try
the case, the officers would be back on duty in no time.  End
Summary.

----------
The Trial
----------

¶2. (U) Jamaica Constabulary Force (JCF) Senior Superintendent
Reneto Adams, corporals Shenie Lyons, Patrick Coke and
constables Devon Bernard, Leford Gordon and Roderick Collier
are on trial for the May 7, 2003 murder of four persons,
namely, Angella Richards, Lewina Thompson, Kirk Gordon and
Matthew Jones.  Chief Justice Lensley Wolfe and a
twelve-member jury are hearing the case.  On December 12,
Wolfe found that the prosecution failed to make a prima facie
case against Constables Bernard and Collier and Corporal
Gordon and ordered the jury to release them.  The case
against the remaining three officers is expected to be
completed early this week.

¶3. (U) According to the officers' testimony, they went to
Crawle in search of Bashington "Chen-Chen" Douglas, who was
wanted for a number of crimes, including murder. The police
alleged they were fired upon by men in the house and the
police returned the fire and four people were killed during
the shootout.  However, neighbors contradicted the police by
alleging the victims were killed in cold blood.  The Director
of Public Prosecutions (DPP) told the court that the
policemen traveled in a disguised vehicle and after staking
out the house, returned later and opened fire on the
occupants.  Director of the DPP, Kent Pantry stated that
forensic evidence showed that three victims were shot by one
gun.  Pantry also stated that the evidence showed that shots
were only fired from outside the house to the inside.

¶4. (U) Shanice Stoddart, the 11-year old daughter of victim
Lewina Thompson was a key prosecution witness.  Stoddart
testified at the trial that she and Angella Richards were
hiding under a bed in the house when a police officer removed
Stoddart from the house.  The officer put Stoddart in the
yard and told her to look away from the house.  Stoddart
testified that after officers went back into the house she
heard Angella Richards begging for her life and shots fired.

¶5. (U) Jack Craine, a forensic pathologist and professor at
Queens University, Belfast, Northern Ireland, testified that
the wounds sustained by the victims were not typical of those
caused by a shoot-out.  Rather, the wounds were consistent
with having been shot in a controlled way.  In addition,
Craine stated that there was a possibility that victims
Richard and Gordon were shot while lying on the floor.

¶6. (U) Danhai Williams, a controversial "business man" and
People's National Party (PNP) activist, was scheduled to
testify on behalf of the prosecution that he provided the
police officers with the unregistered gun allegedly planted
at the crime scene.  Williams was expected to give evidence
in support of the prosecution's claim that Adams planted a
gun on one of the dead victims.  Williams did not appear at
trial and through a statement made by his attorneys claimed
that he was being harassed by the police and chose not to
make himself available for testimony as it would have caused
him to lie in open court.  (Note: Williams, who is currently
facing charges of defrauding the GOJ in an unrelated housing
construction scheme, is a U.S. green card holder.  Post
believes, however, that Williams has effectively abandoned
his LPR status and we are consulting DHS accordingly.)

¶7. (C) Deputy Commissioner of Police Mark Shields is a
28-year-veteran of the London Metropolitan Police and was
seconded to the JCF as deputy commissioner in charge of crime
in March.  Shields was also the lead investigator in the
Crawle case in 2003.  During a December 16 meeting with
Shields, he stated that he believed all of the officers would
"beat the rap" and that it would be a major turning point for
Jamaica.  He expressed disdain for Adams and stated that it
was his personal and professional opinion that Adams is a
"killer."  He lamented that if Adams is found not guilty and
put back on front-line duty, that Shields would resign the
force immediately and return to the UK.  Shields stated that
he could not "work with someone he knew killed four people in
cold blood."

¶8. (C) In addition, Shields stated that although he does not
have hard evidence, he believes Adams is behind some of the
threats that he has received on his life.  Shields speculated
that even if Adams were to be found not guilty he could be
dismissed from the JCF "for the good of the service."
Shields noted that with the overwhelming amount of evidence
against him, it would be in the best interests of Jamaica if
he were let out of the force.  Shields also alleged that
prosecution witness Danhai Williams was not afraid to appear
in court as he claimed.  Shields opined that Williams has a
lot of backing within the PNP as well as within the JCF and
noted that Williams did not reappear until after the defense
closed its case and that he found that the timing was more
than mere coincidence.

¶9. (C) Peace activist and Political Ombudsman, Bishop Herro
Blair also advised NAS Director on December 17 that he had no
faith in the judicial system and based on what he felt was
the prosecution's inability to try the case, the officers
would be back on duty in no time.  Blair also alleged that
Danhai Williams was not under any threat when he failed to
appear in court and corroborated Shields' statement by
stating that Williams has "too much political power to have
to testify".  Blair stated that if no one is found guilty in
this case, it would be the "go-ahead for vigilantism."

--------
Comment
--------

¶10. (C) According to Amnesty International, only one police
officer has been found guilty of unlawful killing in the last
six years in Jamaica.  Piers Bannister, the London-based
researcher on Amnesty's North American team is quoted in the
Observer on June 20 as saying "The police in Jamaica are
immune from effective prosecution and are allowed to carry
out killings with impunity..." Bannister has predicted that
all six police officers will walk and will resume their jobs
soon.  As of now, Bannister is half right.

¶11. (C) There is a general distrust by many in Jamaica of the
police and the judicial system in general.  Some in garrison
communities are fearful of police and see the police as an
enemy.  It is likely that the impunity with which police
officers seem to operate in Jamaica contributes to this
sentiment.  Until officers are held accountable for extra
judicial killings, the public distrust of the police and the
judicial system will persevere.  This lack of faith likely
contributes to the periodic incidents of mob killings, where
many people feel the only justice they will see is that which
they mete out themselves against criminal oppressors.  End
Comment.

: MORE BACKLASH AGAINST U.S. PASSPORT- visa request up !!!

Courtesy Wikileaks

UNCLAS SECTION 01 OF 03 KINGSTON 000398 

SENSITIVE 
SIPDIS 

WHA/CAR FOR JTILGHMAN 

E.O. 12958: N/A 
TAGS: PGOV PREL SOCI CVIS CPAS JM XL
SUBJECT: JAMAICA: MORE BACKLASH AGAINST U.S. PASSPORT 
HOLDERS IN GOJ 

REF: A. KINGSTON 364 
     ¶B. 07 KINGSTON 1348 
     ¶C. KINGSTON 280 

Summary 
--------- 

¶1. (SBU) On May 5, Director of Elections Danville Walker 
announced his immediate resignation.  Walker's resignation 
marks the latest casualty in the dual citizenship imbroglio 
that already has forced at least three Members of Parliament 
to formally renounce their U.S. citizenship (Ref A).  Under 
Jamaican law, the post of Director of Elections may not have 
sworn allegiance to a foreign power.   In his official 
statement, he stated that he was unwilling to renounce his 
U.S. citizenship.  His resignation comes at an inauspicious 
time, as the possibility of a rash of by-elections or a snap 
general election looms large on the horizon.  End Summary. 

Respected No-Nonsense Leader 
----------------------------- 

¶2. (U) Danville Walker was appointed as Director of Elections 
(DOE) over ten years ago by former Prime Minister P.J. 
Patterson of the People's National Party (PNP).  Over his 
years of service, Walker has developed a reputation as a 
no-nonsense leader who is politically neutral.    The 49-year 
old certified public accountant took over an organization 
that was failing in its basic mission to provide up-to-date 
voters lists and to allow free and fair elections at all 
polling stations.  However he has been at the center of much 
of the recent controversy of dual national elected as Members 
of Parliament (MPs) in contravention of the constitution. 
Walker's official proclamations, that all candidates for 
Parliament had been properly nominated, were cited in the 
Supreme Court hearings of MP Daryl Vaz of the Jamaica Labour 
Party (JLP) in the election petition filed against him by PNP 
candidate Abe Dabdoub (Ref A).  Walker later came under fire 
personally when his U.S. citizenship came to light in the 
media, since the Electoral Commission (Interim) Act prohibits 
"allegiance, obedience or adherence to a foreign power or 
state." 

¶3. (SBU) During his last year on the job Walker supervised 
national and local elections, both declared free-and-fair by 
impartial observers.  In fact, Jamaica has developed a 
reputation as a leader in election operations in the Western 
Hemisphere.  After observing the September 2007 general 
elections, some members of the Organization of American 
States (OAS) mission declared a desire to make 
recommendations to their home countries to follow the 
Jamaican model (Ref B).  Walker has been lauded in the past 
by senior members of both the JLP and PNP, and some are now 
calling for a review of the Electoral Commissions Act. 

Critical Juncture for Election Commission 
------------------------------------------ 

¶4. (SBU) Danville Walker's resignation comes at a critical 
time in Jamaican politics.  Since the initial ruling for a 
by-election to be held to settle the Vaz-Dabdoub dispute for 
the West Portland constituency, and with other election 
petition suits pending, a series of by-elections or even a 
snap general election loom.  Prime Minister (PM) Bruce 
Golding has stated that he will not let anyone serve in 
Parliament through a legal technicality who had not been duly 
elected by the voters (Ref A).  Therefore, a general election 
before the end of 2007 may become unavoidable.  The Election 
Commission is completing a new voter registration list which 
should be published before the end of May.  However, there is 
no clear successor for Mr. Walker for the critical post of 
DOE.  The government must work fast to identify a solidly 
qualified and impartial replacement in advance of what could 
prove the most closely-scrutinized election in the history of 
Jamaica. 

Election Petitions and Dual Nationals in Parliament 
--------------------------------------------- ------- 

¶5. (SBU) Abe Dabdoub recently announced his intent to proceed 
with an appeal of Supreme Court Justice Zaila McCalla's 
decision that the West Portland seat should be settled in a 
by-election (Ref A).  Dabdoub maintains that he alerted the 
voters that Vaz was not eligible to serve in Parliament, and 
therefore any votes for Vaz were 'null and void.'  Meanwhile, 
Vaz is using the publicity generated from the suit to 
increase his own visibility, and appears more popular than 
ever among the constituents.   (Note: Vaz has renounced his 
U.S. Citizenship, and Embassy Kingston delivered the 
Certificate of Loss of Nationality (CLN) to Vaz on May 6. 
After collecting his CLN documents, Vaz stated to Conoff that 
when PM Golding returns to Jamaica from his state visit to 
Cuba, he will deliver an ultimatum to two other JLP MPs to 
renounce or resign.  Vaz plans to run again for the seat in 
any upcoming by-election or general election.  End Note.) 

¶6. (SBU) There is still a chance that the dual-nationality 
issue can be solved via a mutual agreement between the PNP 
and the JLP to not contest any by-elections ordered by the 
courts.  This would allow the current government to move on 
and concentrate on other pressing issues such as high crime, 
soaring prices, and inflation.  According to Embassy sources 
within the PNP, many within the opposition party do not 
support Dabdoub's attempt to gain a seat in Parliament at all 
costs.  Some now speculate that Opposition Leader Portia 
Simpson-Miller was not properly briefed on the possible 
repercussions of a litigious approach to contesting the 
elections. 

¶7. (SBU) In a previous Dabdoub bid for Parliament in 1997, 
the seat winner was resolved through the courts when a 
recount led to several votes being disallowed and saw the 
then member of the JLP usurp the seat of PNP sitting MP 
Phylis Mitchell.  Dabdoub was unhappy with senior leadership 
in the JLP after Golding's return to the JLP in 2002, so he 
crossed over to the PNP; and now, once again, is seeking to 
gain power through the courts, instead of at the polls.   He 
is viewed by some as a 'turncoat' who will do whatever it 
takes for personal gain, since he has developed a reputation 
for being litigious and for switching party allegiance. 
Ironically, his last election petition adversary, Phylis 
Mitchell, is herself challenging for a seat in Parliament 
through an election petition filed against the JLP's Gregory 
Mair.  Mitchell alleges that Mair possesses Venezuelan 
citizenship and therefore was constitutionally ineligible to 
be nominated as a candidate for Parliament.  However, the 
initial ruling by the courts stated that the subpoena had 
been improperly served, so the case may be thrown out. 
Mitchell has appealed the initial ruling, but no further 
hearings have taken place. 

No Effect on Demand for U.S. Visas 
----------------------------------- 

¶8. (SBU) Despite all the controversies over high ranking 
government officials holding U.S. Citizenship contrary to the 
law, there has been little effect on the general population. 
The Consular Section remains as busy as ever, and has seen 
huge demand for their attempts to offer special interview 
procedures for previous U.S. visa holders to renew their 
visas.  Despite very little fanfare in the media, over 350 
visa holders came on the first day of the new program.  On 
the second day of the program the re-issuance line was shut 
down after less than one hour, because of security concerns 
which arose when the numerous applicants began pushing and 
shoving, refusing to form an orderly line.  The remaining 
applicants were sent away and a press release spelling out 
the issue was submitted to local media outlets.  Consular 
plans to continue the popular program after examining ways to 
ensure it can proceed in a safe and orderly manner. 

¶9.  (SBU) The American Citizen Services (ACS) Section reports 
that demand for U.S. passports continues at all-time high 
levels.  So far for Fiscal Year 2008 (FY08), applications for 
passports are approximately ten percent higher than the 
record levels of Fiscal Year 2007 (FY07).  While the huge 
FY07 increases can be explained by the new travel 
requirements of the Western Hemisphere Travel Initiative 
(WHTI), demand for passports in other countries has declined 
from peak FY07 levels.  Thus, despite the controversy 
surrounding dual nationals serving in high government 
offices, there appears to be no decline in demand for U.S. 
travel documents and citizenship determinations among the 
general population. 

Conclusions 
------------ 

¶10. (SBU) The resignation of the senior government official 
in charge of elections in Jamaica, comes at a most 
inauspicious time.  The Election Commission is currently 
finalizing a fresh voter list and the possibility of a rash 
of by-elections or a snap general election looms large on the 
horizon.  Unless a compromise between the JLP and the PNP can 
be reached before the culmination of the Dabdoub-Vaz Election 
Petition dispute, PM Bruce Golding may feel forced to call a 
fresh general election.  Since Golding already faces 
challenges from the narrowest majority in the history of the 
Jamaican Parliament (Ref C), he may utilize the PNP 
litigation to justify the need to call a new election, thus 
ensuring that all serving MPs are serving at the mandate of 
the people and not the courts.  While as many as four seats 
involving alleged dual nationals may be visited by the 
courts, the total number of dual nationals serving in 
Parliament is unknown.  Some in the media have speculated 
that as many as ten current members of Parliament may have 
sworn allegiance to foreign powers and thus serve in 
contravention to Jamaican law. 
HEG