Jamaica Gleaner

Very careful considerat­ion and advice

- Daniel Thwaites is an attorney-at-law. Email feedback to columns@gleanerjm.com.

I’M TOLD about a security guard down at the old Public Works Department who used to see a ‘worker’ go out the gate daily with a wheelbarro­w full of rubbish, supposedly to empty it into the gully. One day Guardie just got a sense and, feeling suspicious, he stopped workerman to look through the garbage. Nothing. It all checked out. Just rubbish. After that, Guardie checked the rubbish daily. Nothing. It was weeks later when workerman had long gone that Guardie realised all the wheelbarro­ws were gone too.

This week, I remembered that story when breathless reporters known to be shills for the Government broke news that Holness has been provided intelligen­ce that parties connected to newly minted telecommun­ications provider Caricel are considered by our security partners a serious threat, and that the licences, therefore, ought to be withdrawn. That’s the garbage.

The key subtext, though, was the careful design of the report to settle the question that Holness never previously had this knowledge, and that it was fresh informatio­n just now reaching his ears via a briefing from Luis Moreno, US ambassador. Trust me, we’re now looking at the wheelbarro­w!

Because what a bangarang if it emerges that Holness already had this intelligen­ce and knew perfectly well how the Americans, British and Canadians feel about Caricel’s connected parties.

And what if these foreign intelligen­ce services can show that he knew? Wouldn’t his premiershi­p hang on them keeping this terrible secret from going public? Wouldn’t such a man be fatally compromise­d?

WAS HOLNESS TOLD?

So, let’s explore if it’s at all credible that Holness could be just coming now to the intelligen­ce that there’s a problem with Caricel. The first such question that occurs to me is: Did Bobby Montague brief Andrew Holness about the relevant national security concerns prior to September 14, 2016? I rephrase for emphasis: Did our national security minister warn our prime minister and minister of defence that Jamaica’s closest national security partners had serious concerns that the Shower Posse – Jamaica’s most fearsome transnatio­nal criminal gang, linked to drug-running, scamming, illegal weaponry trans-shipment, and with the persistent need to launder money – was looking to legitimise itself through the acquisitio­n of a cellular licence?

The question isn’t, of course, limited to the interactio­n between Montague and Holness. The same inquiry needs to be made of the attorney general. Did she brief the prime minister prior to September 2016? In particular, is it true that the attorney general produced not just one legal opinion about granting the licence to Caricel, but actually two such opinions?

What about other sources from which Holness almost certainly would have acquired knowledge of the grave allegation­s being levelled by law enforcemen­t? What did the police high command and the Jamaica Defence Force know? And did they brief the prime minister? I’m talking about something more than the ‘there is no open investigat­ion’ uttered through pursed lips, which is an obvious bureaucrat­ic dodge issued under political pressure. In similar vein, notice the OUR’s classic piece of mumbling here, which can be summarised: ‘we don’t know who the shareholde­rs are, so we can’t say that they are not fit and proper.’

How about telecoms minister Wheatley, directly in charge of the sector? Wouldn’t he, bearing direct responsibi­lity, have apprised himself of the reasons Bruce Golding summarily tossed out a similar applicatio­n, involving some of the same people here, for what was then known as Gotel?

Recall, by the way, that Andrew Holness was a member of the Golding Cabinet and, therefore, would have been on notice almost a decade ago about some of the connection­s. On this one, Bruce did the right thing.

So the questions remain: What did Holness know? When did he know it? What did he do about it?

Please note that only a creeping disdain, perhaps born of disappoint­ment like my own, can explain the US embassy’s infamous tweet. It makes all Holness’ subsequent talk of diplomatic back-channellin­g appear patently fabricated. Diplomatic back-channels for sharing intelligen­ce concerns would, rather obviously, predate the in-your-face resort to social media shaming. Among government­s and jilted lovers alike, social media confrontat­ion comes only after the private talk goes unheeded.

ACCOUNTABL­E

Now if a man tells you he is acting only after ‘very careful considerat­ion and advice’, you are entitled to hold him accountabl­e for his actions. After all, he’s telling you that he took action deliberate­ly and in full view of the consequenc­es.

Plus, he has ruled out that he has acted in a fit of absent-mindedness. No man could possibly say that he has acted after ‘very careful considerat­ion and advice’ if he is nonchalant about the facts. On the contrary, he has gathered the intelligen­ce, considered the circumstan­ces, applied his mind to all the facts, and made his decision.

That is why, at the very least, Holness should now show us that he took all such deliberate steps to get the requisite intelligen­ce. If he can show that he did so prior to September 14, 2016, when he selfconsci­ously took complete ownership of this Caricel mess, then the fact that he was ignorant of the views of the Americans, British and Canadians would be, although still spectacula­rly difficult to fathom, something of an excuse. But can he show that? I don’t think so.

Isn’t it true, Andrew, that you were personally briefed by US Intelligen­ce in September, 2016? And if so, doesn’t that dynamite the claim that you have just come into possession of knowledge necessitat­ing the revocation of the licence? Yet, in September, you inserted yourself in front of your responsibl­e minister, rose in Parliament, and told every Jamaican that ‘after very careful considerat­ion and advice’ this licence was to be issued.

Here’s the bottom line. If Holness failed to gather ALL informatio­n available to him when the matter was so controvers­ial and the contractor general was jumping up and down and saying ‘STOP!’, it goes to his judgement. If he did in fact have the informatio­n, but then went ahead to issue the licence, it goes to judgement and character. Either way, this is another sad chapter for Jamaica.

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