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Mukulu replies to Witter... Tells him to seek advice from competent person

Published:Tuesday | December 30, 2014 | 5:47 PM

The acting public defender, Matondo Mukulu, has replied to a letter from his predecessor Earl Witter telling him that he does not understand the law.

In a December 2, 2014 letter to Witter, a day after the retired public defender wrote to him, Mukulu said Witter should seek legal advice from a competent person.

Mukulu also said several of the matters to which Witter referred in his letter do not merit any response.

The acting public defender said all his actions so far are aimed at contributing to finding a solution to some of the challenges facing Jamaica.

Mukulu also said he did not intend to respond to any further letters from Witter except in Witter's capacity as a private citizen filing a complaint.


Mr. Earl Witter, QC, J.P.

18 Church Street


Dear Mr. Witter:

I am in receipt of your letter in which you have outlined your interpretation of a section of the Public Defender (Interim Act 2000). I think if you have an issue with your own misunderstanding of the law, you should perhaps seek advice from a person who is sufficiently competent to advise you. I say this as a cursory glance at the applicable section of the Act, would raise a more relevant question of fact, which you seem to have ignored. However, it is not my job to advise you on these things.

Finally your assertion with regards to the decision to terminate the services of an individual who was in his/her probationary period seems to indicate that you are aware of the fact of the termination. I am obliged not to disclose information on the files of persons engaged at this Commission, but you should rest assured that that I have a bias towards due process and fairness.

The other matters to which you have now made reference do not merit any type of response, as they have no bearing on the main substance of your letter. Our country does have a series of challenges, which are natural for a developing country, and all my actions thus far, represent my attempt to use my experience to contribute to finding a solution, as this is my country in as much as it is yours sir. I have a bias towards results and this is something that I have managed to convey to the team that I now lead.

It is clear that you have a problem with the direction that the Commission has now taken, but rest assured that our focus on results is never a bad thing, something that I am sure you will agree is necessary, I do not intend on responding to any further letters on this subject from you, but if you do have a complaint that you think falls within the ambit of our jurisdiction, please feel free to contact this Commission, in your capacity as a citizen of Jamaica.


Public Defender (Acting)


His Excellency, The Governor General

The Honourable Speaker of the House of Representatives