Saturday, June 22, 2013

Letter: Gordon cannot be absolved of blame

Furiously, from varied viewpoints, certain citizens are arguing that the incumbent Integrity Commission Chairman acted appropriately by blind dating Dr Rowley recently all alone.

I beg to disagree with their stated position!

Because of the legal principle that in claris non fit interpretatio—where the law is clear, there's no need for interpretation—there's no way Gordon can be absolved.

The Integrity Act states the Commission comprises between three and five persons. There's a cogent reason for that—the very nature of the Integrity Commission invites all sorts of spurious allegations to be lodged with it; it would be very dangerous and foolish to allow one person and one person alone to vet and determine such reports.

Yes, it's true Ken Gordon might be a larger than life, but he's one octogenarian known to make lapses when it comes to safeguarding potentially explosive things.

An Integrity Commission Chairman's position is not like that of the Speaker who continues to oversee things when Parliament is dissolved. Another similitude would be a coram where three, five or seven judges are required but there's only one, the others having resigned/died/whatever; it"s asine qua non that the lone survivor has no lawful authority or excuse to operate or convene by himself as if he's the coram.

Ipso facto, when, as in the present circumstances, there's no Integrity Commission, the Chairman cannot do or treat with anything—not even gain access to files, records, or other information—lodged at the offices of the Integrity Commission. 

During the interregnum therefore, whatever issue is referred to the Integrity Commission must stand in abeyance, safeguarded by the Registrar, regardless the egregiousness of the matter, to be handled by the next Commission when it's appointed. Or, "allegators" could lodge their complaints with the Police...or Ian Alleyne.

In essence therefore, during the ongoing interregnum, Gordon is like a sheriff without a county—he draws his stipend, but chills...until a new Commission is constituted.

Concerning the new Commission, one must note the President may decide he isn’t needed.

Ayodele Chieng | Irving Street, in Petit Bourg.

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Jai & Sero

Jai & Sero

Our family at home in Toronto 2008

Our family at home in Toronto 2008
Amit, Heather, Fuzz, Aj, Jiv, Shiva, Rampa, Sero, Jai