Article No.

http://www.jamaicaobserver.com/columns/Of-Whistle-blowing_7787906

Columns

Of Whistle-blowing and Secrets

Howard Gregory

Sunday, July 11, 2010

COKE... charged with conspiracy to distribute cocaine and marijuana and conspiracy to illegally traffic in
firearms

JUST over a week ago as the nation began to settle down after one of its nine-day wonders - the
push for the transformation of our culture of criminality - a bombshell was dropped that seems to have
awakened those already in ae sweet slumber of contentment.
The former chief of staff of the Jamaica Defence Force and former commissioner of police, Rear
Admiral Hardley Lewin, made certain disclosures in a television interview that raised serious
 questions about the integrity of the administration of the security system at the highest level of
governance. He identified what seem to be breaches in that system such as how information shared
by him with few people, in his capacity as commissioner of police, was leaked within a matter of
minutes to the person who was to be the subject of an extradition request by a foreign government
the following day.

While the former commissioner did not identify the source of the breach, the public began to put its own
spin on the disclosure, while the press salivated at the very thought of its newsworthiness as the
speculative and imaginative faculties were put into full gear.

One of the newspapers in its lead story last Sunday began with the following lines:

"The Government of Jamaica is combing through the Official Secrets Act to see if it can find provisions to
silence Rear Admiral Hardley Lewin, whose devastating allegations have rocked the administration."

This, of course, represents an editorial assessment of the response of the Government through its
spokesperson as well as popular perception. Nevertheless, it was not just sheer fabrication on the part of
the journalistic community. The minister of national security, Dwight Nelson, had made certain statements
which could lead people to draw a similar conclusion to that of the newspaper. He is reported to have
said, among other things:

"We have to determine whether the former commissioner is bounded by the Official Secrets Act and
whether he can speak of any briefings he might have had with both me and the prime minister in his
capacity as commissioner of police."

It seems hardly a matter for debate that the honourable minister should expect a person who held such a
sensitive position should adhere to his oath to uphold the Official Secrets Act. No one who has occupied
a sensitive and important position related to matters of national security and the maintenance of law and
order could be expected to make unbridled public statements concerning the nature of briefings which he
provided to the leaders of government during his incumbency. Regardless of how archaic the Act may be,
there must be adherence to its provisions. The question is whether the former commissioner of police has
violated the Official Secrets Act of 1989 in what he has disclosed so far. Why is the minister seeking to
invoke the provisions of this Act at this time in relation to the former commissioner of police?

I claim no expertise in the interpretation of the law, but I have taken a look at the Act and have
observed that the section that seems relevant to the current situation is that dealing with security and
intelligence, and which says in part:
(1) A person who is or has been-

(a) a member of the security and intelligence services; or

(b) a person notified that he is subject to the provisions of this subsection,

is guilty of an offence if, without lawful authority, he discloses any information, document or other
article relating to security or intelligence which is or has been in his possession by virtue of his
position as a member of any of those services or in the course of his work while the notification is or
was in force.

There are always differing views on the interpretation of the law, that is why there are professionals who
make this their vocation and there are courts where these matters are played out and judgements are
made. It seems to me that, while it could be argued that merely naming the occasion and nature of a
briefing with the minister of national security and the prime minister can be regarded as a violation of the
Official Secrets Act, there is a bigger concern here. That concern is the fact that at the highest level of
political governance there was a violation of the very Act -- informing the person who is to be the subject
of a criminal proceeding of his possible indictment and extradition before it is announced. Who did it, or
how this violation took place is a matter that needs to be investigated, as failure to do so will lead to
widespread speculation and cynicism.

Instead of seeing Lewin as one who should be pursued for violation of the Secrets Act, what we
should be focused on is his utterances that seem to hint that the integrity of the system is in question,
and that there are existing channels by which persons facing criminal indictment can be tipped off by
interested parties, with total disregard for the Secrets Act. If his allegations are true, it means that
even if he has violated the Secrets Act by divulging this information, his is but a second-level
violation, as someone with access to or at the highest level of political governance "spilled the beans"
to Christopher Coke out of turn. To this end, it may be argued that while there is a legal issue here,
there is also a moral issue of corruption and compromise by highly placed people.
In this regard, it is unfortunate that the minister of national security has responded the way he has.
While one can understand that, given the fertile imagination which the people of our society possess,
this is an uncomfortable moment for him and his administration, at the same time, a mature leader
has to be able to take such moments in stride as part of the price one pays for being in the public
arena. What we have witnessed is an attack on the former commissioner of police, with his job
evaluation card being made a matter for public fracas. It doesn't look good for things to take this
direction.

It has become fashionable these days for ex-lovers, ex-spouses and ex-employees to use the media or a
publication to highlight the most intimate and personal areas of their past relationship with the "significant
other" or employer. Tabloids thrive on this and so do some of the popular talk shows on cable television.
In that connection we are no exception, and many would like to see the innards of the parties to this
current dispute spilled in the public arena. Perhaps this is what motivated the press to attend a speaking
engagement involving the former commissioner, to see whether he would put on his glove to do round
two with the honourable minister. They were only to be disappointed by the former commissioner who
stated that his disclosure was not intended for that purpose and he has already said all he intended.

It is ironic that at the precise moment the Senate is debating the Protected Disclosure Act (Whistle-
blower Law) 2010, which fulfils a 2007 election promise of the Jamaica Labour Party, the minister is
seeking to invoke the Official Secrets Act as a way of silencing the former commissioner as
suggested by one media house. The Bill, which would protect both public and private sector
employees, would also make it a criminal offence to retaliate against a whistle-blower. While the Bill
would not protect disclosures that violate the Official Secrets Act, among others, one would need to
ask: Why would disclosures of corruption be appropriate in the case of private and public sector
employers/management misdemeanours, but not applicable in a situation of this nature where
allegations of breaches of the intelligence machinery of the nation's security system have taken
place?
I believe that what this country needs to hear from the honourable minister and the prime minister is a
willingness to investigate whether there is any truth to this assertion by the former commissioner. This
country is now at a point where citizens are calling for a transformation of the culture of corruption
and criminality, and the utterances of the former commissioner have brought the issue to the front
burner. Given the allegations of alliances between the political culture and criminality, it is not a
credible situation for political leaders to simply dismiss or deny the kind of allegation which has been
made by the former commissioner. It requires further investigation with independent scrutiny. It is
here that the minister of national security and prime minister have the opportunity to call the former
commissioner's bluff, if that is what it is, as he will need to provide proof of his assertion.
The former commissioner of police is a military man who has been trained not to make emotional
outbursts and was never known to be such a person in the public arena during his leadership of the
two arms of the security forces. His leadership style may be a matter for discussion by those who
worked with him closely and in a professional capacity. I have no need to be his defender, neither
does he need to perceive me in that light, but I believe that he still enjoys a measure of credibility
within the society. Attempts by political leaders to discredit him may not only divide the public, but
may actually backfire.

The response of the minister of national security raises several concerns for me. There is a tendency for
incumbent governments to see any criticism of their actions or policies as a ploy of the Opposition and
their cronies, as if the Opposition as part of the political establishment are the only ones capable of
thinking critically other than the ruling party. It is a strategy which has been used by both major political
parties and which has caused some citizens to be silent on matters of public concern, while others just
become totally disillusioned and alienated from politics and participation in the electoral process. The
honourable minister has suggested that what the former commissioner has said is a ploy of the
Opposition Party. He may have information to that effect which is not available to the rest of us, but I
would like to remind the honourable minister and all who are a part of the political process that critical
 thinking and reflection on matters of national concerns are not the prerogative of political parties,
politicians and their cronies.

The other matter of concern has to do with the way in which the Government handles matters that have a
moral component. Whether a court of law proves in the future that Rear Admiral Hardley Lewin has violated
the Official Secrets Act, there is no doubt in my mind that there is a moral issue to be addressed in
determining what sort of behaviour leads to the kind of security breach which he claims took place. The
handling of the Christopher "Dudus" Coke extradition request, the Manatt, Phelps and Phillips Affair, the
arrest of the Rev Al Miller, and the security minister's response to Hardley Lewin's disclosure, seem to be
matters that have not been addressed with any clear moral principles or guidelines. It behoves the
Government to take stock of how these matters have been and are being handled and not to assume that
they will be nine-day wonders. To do so may prove to be political suicide in the long run.

Article No. 7

http://www.jamaicaobserver.com/news/135601_Bad-cops-must-go-

Bad cops must go!

ERICA VIRTUE, Observer writer virtuee@jamaicaobserver.com

Wednesday, May 14, 2008

SENATOR Trevor Norman Neville MacMillan was sworn-in as minister of national security
yesterday and immediately warned bad cops in the Jamaica Constabulary Force (JCF) to leave of
their own accord or be made to leave.

"The police force of Jamaica has a lot of good people, honest hardworking people. It also has a few bad
eggs. And I am today asking the few bad eggs to stand up and move out, or let the good people get rid of
them." the new minister declared.

MacMillan's tough talk was made to journalists covering his brief swearing-in ceremony which was
attended by Cabinet colleagues and his family at King's House in St Andrew, and appeared aimed at
winning public confidence by signalling that he plans to be a no-nonsense security minister.
He also said that he would pursue social intervention in crime-ridden communities as a key component of
ministry policy, which would mark a continuation of the policy direction of the previous government.

".I will be working very hard on social intervention. The social implication of this thing is so great, and
therefore, we cannot not do social intervention," he said.

MacMillan used the opportunity to pay tribute to former People's National Party security minister, Dr Peter
Phillips who, he said, had begun to implement social programmes in vulnerable communities.

Phillips was quoted earlier as saying MacMillan's appointment betrayed panic on the part of the
government and that former security minister, Derrick Smith was used as a scapegoat.

In apparent response to the criticisms, Prime Minister Bruce Golding said his decision to relieve Smith of
the portfolio responsibility was not an indictment on Smith.

"The appointment of Colonel MacMillan is in no way an indictment on the part of Derrick Smith. It could
not be, because Derrick had only been in the position for eighth months, too short for this to be an
indictment.," Golding said.

Smith, who was absent from yesterday's ceremony due to his recovery from minor surgery, will remain in
the Cabinet, as the minister of mining and telecommunications. Clive Mullings who previously held the
portfolio as well as energy, was noticeably absent yesterday.

A retired Jamaica Defence Force (JDF) colonel, MacMillan served as police commissioner between 1993-
1996, a controversial period in which he was dogged by disquiet among the ranks who regarded him as
an outsider, but during which he enjoyed high public confidence.

Hoping to head off similar disquiet, the new minister left King's House straight for the Police Officers Club
nearby to meet with senior police officers.

He stressed to the newsmen at King's House that he believed the majority of the force to be honest men
and women.

"The majority of policemen and women are good hardworking people. Honest people. There is a small
number of dishonest people, and it is my intention to motivate the good ones." he said, indicating that he
would be promoting house-cleaning by encouraging cops to use the Whistleblower Laws to protect those
who expose corruption.
According to MacMillan, crucial to the success of the crime initiatives would be adequate resources. "The
most important thing that I can do is to make sure that the security forces have the resources that they
need. Remember I am not involved in operations. So I have to make sure that that happens.," he added.

He said the magnitude of the current task warranted strong social intervention to cage some of the
'animals walking around with guns'. "There are some animals out there and they have to be caged. The
problem of national security now, is not a (political) party problem, it is a national problem. I am
representing Jamaica and anything I do it will be for Jamaica." MacMillan said.

He promised to get as wide a perspective as possible on the types of intervention that were required.

The new minister commended policemen and policewomen, saying they were working under deplorable
conditions but maintained a high quality of work. He expressed sympathy to the families of policemen and
women killed in the line of duty.

But mindful of the human rights groups, the minister also promised to respect the rights of criminals. "I am
a charter member of Jamaicans for Justice and I believe in the human rights, even the human rights of a
gunman is something that one has to respect. But the fact of life is that the police have a massive job to
do..."

Article Found

http://www.jamaicaobserver.com/news/Jamaican-police-now-seen-as-less-corrupt_14663975

News

Jamaican police now seen as less

corrupt
Thursday, July 11, 2013 14 Comments
Executive Director of the National Integrity Action (NIA) Professor Trevor Munroe addressing a press
conference yesterday at the Alhambra Inn in Kingston. (PHOTO: LIONEL ROOKWOOD)

EXECUTIVE Director of the National Integrity Action (NIA) Professor Trevor Munroe says the police have
made significant improvements in curbing corruption among its ranks.

Speaking yesterday at a press briefing to explain the findings of a recent study by the Transparency
International Global Corruption Barometer at the Alhambra Inn in Kingston, Munroe pointed out that even
though the research has shown that the Jamaica Constabulary Force and politicians are perceived to be
the most corrupt, the police have been on the mend for at least six years now.

Both the constabulary and the island's political parties were given a score of 4.5 in the study, where one
is the least corrupt.

However, Munroe said the police have improved in their level of respect and confidence and have been at
theirits greatest since 2006. "There have been improvements that coincide with our own assessment and
the number of officers who have been removed from the force due to corruption and violation of human
rights," Munroe said.

Since the advent of the Anti-Corruption Branch in 2007 more than 4,000 policemen and women have
been booted from the constabulary.

In the meantime, Munroe said the study showed that the Jamaica Defence Force, the Protestant church
and the media were seen as the three least corrupt entities in the country.
The media, he said, should be on its toes and keep shining the spotlight on corrupt public officials and
state agencies in order to maintain the level of trust and confidence placed in it by the Jamaican people.
"That level of trust and confidence may be lost if the media discontinue to express itself fearlessly and
freely," he said.

This is the first time that Jamaica has been surveyed in the Global Corruption Barometer, which showed
that bribery is rampant throughout the country as more than one in four persons have confessed to
paying a bribe in the last 12 months. Bribery, the report said, was most common in public institutions.

The survey also found that most Jamaicans thought the Government was ineffective in fighting the
scourge, and that two of every three people interviewed believed that personal contacts and relationships
were the main factors driving the means to getting things done in the public service.

Powerful groups were also seen by 54 per cent of those surveyed, as those who run the country from
behind the scenes to suit their personal interests. The survey found, however, that most Jamaicans were
ready to alter that status quo.

In order to beat back corruption, the NIA recommended, among others, that integrity and trust be made
the founding principles of the public service; the populace be equipped with the tools to fight against
corruption; a cleaning up of the democratic process; and the corrupt be held responsible for their actions.