AFFIDAVIT OF PAULINE A.

FINDLAY

IN THE SUPREME COURT OF JUDICATURE OF JAMAICA

CLAIM NO.

IN THE MATTER OF THE CONSTITUTION OF JAMAICA

BETWEEN DAISY COKE 1ST CLAIMANT

AND MICHAEL FENNELL 2ND CLAIMANT

AND EDWIN JONES 3RD CLAIMANT

AND PAULINE FINDLAY 4TH CLAIMANT

AND ORRETT BRUCE GOLDING 1ST DEFENDANT

AND ATTORNEY GENERAL OF JAMAICA 2ND DEFENDANT

I, Pauline Findlay being duly sworn make oath and say as follows:-

(1) I reside and have my true place of abode at 23 Dillsbury Avenue, Kingston

6 in the parish of Saint Andrew and I am an attorney-at-law and Partner of the

firm DunnCox, having been admitted to practice on the 8th October 1981.

(2) I was first appointed to serve on the Public Service Commission on the

21st January 2000 and have served continuously from that date. I commenced

serving a third term on 21st January 2006 which term was due to expire 20th

January 2009.
(3) Apart from my public service as a Commissioner, I have served as a

director of the Jamaica Business Development Centre, and as Chairman of the

board of the Tourism Enhancement Fund. I have also served on the General Legal

Council, and presently serve on the board of Genesis Academy, an independent

school for children with special needs, the Dental Council and am presently the

Chairman of the Board of Management of the Wolmers Boys and Girls Schools.

(4) I have read the affidavit of Daisy Coke sworn on the day of January

2008 and confirm that all the facts set out therein [except for those in paragraphs

1, 13, 14, 16, lines 7-14 (inclusive) of 23, 26 and 27] are personally known to me

and are true and correct, and I adopt the remainder of that affidavit as my own.

(5) I first learnt of the Hon. Prime Minister’s allegation of misbehaviour

against the Commissioners with regard to the composition of the interviewing

panel for the selection of the Solicitor General in a brief telephone conversation

with the Chairman on the 16th November 2007. At a special meeting of the

Commissioners on the 26th November 2007 Hon. Daisy Coke apprised the

Commissioners of the full details of the verbal exchange between herself and the

Hon. Prime Minister, including the allegations being made against me in

particular, as referred to in paragraph 27 of her abovementioned affidavit.

(6) Further, details of the alleged misbehaviour first came to my attention

when excerpts of the Hon. Prime Minister’s letter to the Leader of the Opposition

were published in the Daily Gleaner newspaper of 13th December 2007. I first saw

the full content of the abovementioned letter, the Opposition Leader’s response of

the 23rd November 2007 and letter of 29th November 2007 from His Excellency

the Governor General to the Leader of the Opposition when copies of same were

obtained from the Supreme Court on Friday 14th December 2007 as set out in

paragraph 31 of the Hon. Daisy Coke’s affidavit abovementioned.

(7) I was deeply shocked and disturbed by the statement of the Hon. Prime

Minister that I should have recused myself from any discussion with the then

Solicitor General regarding the Attorney General’s chambers and the possible

candidates for the soon to be vacant post of Solicitor General and from all

deliberations of the Public Service Commission leading to the recommendation to

the post.

(8) When the Hon. Michael Hylton was being considered for the post of

Solicitor General in 2000, I advised the Chairman of the Commission of a prior

relationship with him and the fact that I had borne a child for him in 1994 and

requested that I be allowed to recuse myself, to which request she agreed.

(9) I saw no reason to recuse myself on the occasion of the selection of Mr.

Hylton’s replacement, as I regarded my prior relationship with him to have no

 bearing whatsoever upon the matter to be decided, that he as outgoing Solicitor

General reasonably had no particular interest in any of the candidates, and that as

a person whose integrity I have never had any reason to question, the other

commissioners and I were entitled to consider his views regarding the candidates.

(10)In the circumstances, I remain resolute in my view that my behaviour in all the

deliberations leading to the recommendation of Dr. Stephen Vasciannie as

Solicitor General was entirely proper and reasonable and that I am in no way

guilty of misbehaviour as alleged by the Hon. Prime Minister or at all.

SWORN to at )
in the parish of ) ____________________________
this day of 2008 ) Pauline Findlay
before me: )

............................................................
JUSTICE OF THE PEACE
for the Parish of:

Filed by DunnCox, Attorneys-at-Law for and on behalf of the Claimants herein whose
address for service is 48 Duke Street, Kingston, telephone: 922-1500, Fax: 922-9002