Commentary

WHETHER HE has been pushed or is going of his own volition as he claims, Kern Spencer, the People's National Party (PNP) member of parliament (MP) for North East St Elizabeth, should have come to this decision a long time ago.

The matter, Mr Spencer should have known, is beyond the technicality of his innocence or guilt, whichever way his corruption case is finally decided. Rather, it is whether, in the end, Kern Spencer can be deemed morally fit to sit in Jamaica's legislature. Mr Spencer's answer to himself should have been a resounding 'no'.

Of course, this newspaper makes no comment on the legal merits of the facts now before the court except to recall that the allegations against the former junior energy minister were not of administrative blunder or incompetent paperwork.

Rather, Contractor General Greg Christie, after a full investigation, determined that there was prima facie evidence that Mr Spencer had abused his position and used for his own benefit, and the benefit of connected persons, energy-saving light bulbs that were gifts to the Jamaican people from the Cuban government.

Criminal charges

Moreover, the director of public prosecutions (DPP), based on further investigations by the police, held that Mr Spencer should be criminally charged. Further, a magistrate ruled that the MP does have a case to answer.

None of this, to be sure, presumes guilt. But as Mr Spencer and his party must be aware, even a verdict of innocent and legal vindication will not eliminate the fact that the North East St Elizabeth MP is politically compromised. There are, at the very least, serious and relevant questions about Mr Spencer's judgement that will have undermined public trust and confidence in him as a legislator and representative of the people.

These questions of his technical and moral competence, allied with the legal cloud that hangs over him, should have caused Mr Spencer to have withdrawn from Parliament a long time ago, at least until his case is concluded in the court.

The same considerations should apply equally to Mr Joseph Hibbert, the Jamaica Labour Party member and former junior minister who was accused in a British court of taking kickbacks for contracts during his days as a senior civil servant. Indeed, Contractor General Christie believes that Mr Hibbert, too, might have a corruption case to answer. The final decision on that rests with the DPP.

No trust for politics

The Spencer and Hibbert matters serve to reinforce the low level of trust Jamaicans have in their political institutions and for political leadership generally. This lack of trust encourages cynicism, weakens social consensus and undermines the capacity for national development.

There is no single or easy solution to these problems, but among them is lifting the bar for those who serve, including our legislators. The Parliament, for example, should demand of itself, and therefore institute, a far more robust and proactive ethics committee, with stiffer rules for infractions. In cases where MPs are charged with corruption, there should perhaps be automatic suspension, until their cases are concluded.

In the final analysis, it will be the attitude of individuals and parties that will be critical. The PNP has announced the establishment of an integrity commission for its members. It is urgent that the commission publish its guidelines to which it will ask its members to abide, so that the public can comment on them.

The opinions on this page, except for the above, do not necessarily reflect the views of The Gleaner. To respond to a Gleaner editorial, email us: editor@gleanerjm.com or fax: 922-6223. Responses should be no longer than 400 words. Not all responses will be published.