JLP attorney already had secret MOUs before Manatt Commissioners

There was a surprising development at Wednesday afternoon's sitting of the Manatt/Dudus Commission of Enquiry at the Jamaica Conference Centre, when it emerged that the secret Memorandums of Understandings(MOUs), which was being guarded closely by the Commissioners, was already in the hands of at least one senior attorney at the hearing.

The MOUs were signed on behalf of the Jamaican Government and officials from the United States and United Kingdom.

The revelation that Queens Counsel (Q. C.) Frank Phipps, who is representing the governing Jamaica Labour Party (JLP), already had copies of the MOUs sparked an intense debate among attorneys including K. D. Knight, counsel for the Opposition People's National Party, who brought the issue to the attention of the Commissioners.

"I am irked by the fact that the document (was) in the hands of a brother counsel when it took the commission some time to find the documents. I am not in any way blaming my brother counsel or casting any aspiration at all in relation to him, but the fact that JLP provided (the MOUs) as part of the instructions irks me, because it is in breach of the coding of the document," Mr. Knight declared.

He had maintained from the outset that the documents ought not to have been circulated and said he would stick to this position.

Attorney, Patrick Atkinson, who is also representing the PNP at the Enquiry, demanded to know whether Mr. Phipps had a copy of the documents which the Commission Chairman, Queens Counsel (Q. C.) Emil George had instructed were not to be photocopied.

Secret - the highest levels of classification of a Govt document

Queens Counsel attorney Dr. Lloyd Barnett, who is representing Attorney General and Justice Minister Dorothy Lightbourne, also agreed that the documents should not be widely circulated, due to the highly confidential tag placed on them.

"I believe that there is a distinction between going into evidence and the document being widely or otherwise disseminated. I think some measure of responsibility has to be applied to the document and its nature. If it is marked secret, which from my recollection having been a civil servant and a member of the Attorney General’s Department, is one of the highest levels of classification of a Government document and that’s not only one Government’s document. I think one has to approach the matter with some carefulness to say the least," Dr. Barrett said.

No secret in JA should breach citizens’ rights – Phipps

For his part, Mr. Phipps outlined his position on the issue raised by Mr. Knight.

"My comment and I made it on record earlier, is that there can be no secret anywhere in Jamaica that allows the breach of the citizens constitution," he stated.

Attorneys to get copies of the MOU

In the meantime, Queens Counsel Emil George, Chairman of the Manatt/Dudus Commission, said he wanted a level playing field as it relates to access to documents by the attorneys.

"Whoever wishes to cross examine to these documents will get a copy of it," Mr. George said.

He also ruled that any copies of the MOU's made available to attorneys would be returned on completion of the cross examination.

The Commission continues its eighth day of sittings on Thursday with the continuation of cross examination of Jeremy Taylor, Senior Deputy Director of Public Prosecution.