JLP lawyers walk out of Enquiry - Commission restricts cross-examination of witnesses

By Balford Henry, Senior Staff Reporter

Dabdoub and Isaac

Lawyers for the Jamaica Labour Party (JLP) walked out of the Commission of Enquiry into the July killings in West Kingston yesterday, after the Commission refused them the right to cross examine witnesses.

Justice Julian Isaac, chairman of the Commission said that lawyers Patrick Atkinson and Abe Dabdoub, who represent Opposition Leader Edward Seaga and Tivoli Gardens Councillor Desmond McKenzie, respectively, would not be allowed to cross examine witnesses unless their client was named in the evidence.

Mr. Isaac and his fellow Commissioners also turned down the lawyers' request that he adjourn the hearing until they were able to get a response from the Supreme Court on their objections to his ruling.

The Commission hearings continued after they departed, with Dennis Daley, attorney for the Office of the Public Defender, cross-examine police Superintendent Frederick Williams, officer in charge of St. Andrew South, while Counsel for the Commission, Velma Hylton, re-examined him.

The problem started when Mr. Atkinson rose to cross-examine Superintendent Williams. Justice Isaac said that although the Commission had allowed Mr. Atkinson and Mr. Dabdoub the latitude of cross examining the

witnesses as they felt fit in the past, because of the underlying political nature of some of the evidence, the Commission would not allow the situation to continue.

He said that in reading the transcripts, he had found that the cross examinations had gone beyond the effect of the evidence on the attorneys' clients.

Mr. Atkinson said however that he represented more than just Councillor McKenzie; that he appeared with R.N.A. Henriques for the citizens associations of Tivoli Gardens and Denham Town, as well as some of the victims of the shooting.

"Let me enlighten you as to one of the positions we have taken. It is that there is a big conspiracy with law enforcement, which includes both police and soldiers, to go down to Tivoli Gardens and Denham Town for political purposes and to rig and create the impression that they went down on some lawful position and came under fire.

"So it is important that we be allowed to cross examine all the witnesses, particularly police witnesses, to show the link and show the cover-up that has been going on," Mr. Atkinson said.

He said that he particularly wanted to cross examine Superintendent Williams, on the basis that he had left the scene without firing his gun.

Mr. Henriques, who is leading the JLP's legal team, sought to put the matter in perspective. He said that after an allegation had been made about a proposed meeting involving Opposition Leader Edward Seaga and the Commissioner of Police, Mr. Seaga had elected to have Mr. Dabdoub represent his interests. He said that he would endeavour to ensure that the proceedings were not drawn out by the cross examinations unnecessarily. He asked Mr. Isaac to be careful about his decision, as there was the need to get to the truth.

Mr. Isaac said that the cross examinations were preventing the Commission from moving forward. He said that he was attempting to correct what was initially a lenient position of the Commission, which gave latitude to attorneys who "ran away with it".

Mr. Henriques assured the Commissioner that he would seek to minimise the delays. But, Mr. Isaac insisted on the limitations.

When the enquiry resumed after the lunch adjournment, the discussions continued.

Mr. Dabdoub, who had missed the morning session, said that as MP for West Kingston, Mr. Seaga's interest in the matter could not be limited to his personal self and that, in addition, the Opposition Leader was on the scene at various stages of the incident, has his own view of what transpired and was constitutionally entitled to be represented and to have witnesses cross-examined on his behalf.

Mr. Isaac said that the JLP could have asked for representation at the enquiry, but did not. The People's National Party (PNP) asked for representation and was allowed. He said that the Commission had allowed Mr. Seaga to be represented on the basis that he might wish to have his interested protected, as his name was called.

Mr. Isaacs made the ruling final. Mr. Dabdoub said that it was not one that he could accept.

"The fact is that you have asked me to get into a boxing ring with one hand tied behind my back."

Mr. Henriques said that, after careful consideration, he could not see how the attorneys could operate in a situation where they did not know when their clients names would be called. Mr. Isaac responded that in each case statements would be made available to the attorneys and that the lawyers would not be without remedy.

Mr. Henriques said that the JLP lawyers could not go on in the circumstances and would have to take steps to seek redress elsewhere.

Mr. Atkinson asked that the proceedings be adjourned to allow the JLP lawyers to seek redress at the constitutional court.

Mr. Daley asked the Commissioner whether it was not possible to reverse the ruling, as Mr. Seaga was not only the Member of Parliament but was also a witness to the incident. He said that it would be unfair to limit cross examination, in the circumstances.

Ms. Hylton said that although she was not attempting to differ from the ruling of the Commission, she was of the view that for the limited purpose of credibility, both Mr. Dabdoub and Mr. Atkinson could be allowed to cross examine, on condition that they accept that if the questions are based on credibility, whatsoever answers they are given they will accept as final.

Back to News