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Monday, April 4, 2011
The Jamaican extradition enquiry - was it worth it?
As the Dudus/Manatt Enquiry comes to an end in Jamaica, one wonders if the well publicised and talked about enquiry was worth it -- not only in terms of its high cost, but the verbal abuse and clashes between lawyers, politicians, and even public servants.
Even those who advocated the setting up of the commission of enquiry felt that the exercise was not worth it -- the entire proceedings turned out to be a farce, a gimmick, and a platform to criticise and embarrass government officials, including the head of government, prime minister Bruce Golding, and the administration's chief legal advisor, the attorney general and minister of justice Dorothy Lightbourne.
Reports from Kingston state that the setting up of the commission of enquiry was political suicide for Prime Minister Bruce Golding and his Jamaica Labour Party administration.
People's National Party's lawyer, K.D. Knight QC, was on centre stage, using his legal position to embarrass Golding and Lightbourne, who had no choice but to take the "blows" and answer the questions, although the same questions were repeated over and over and at one stage the prime minister refused to answer after being accused of being a liar.
Political analyst Kevin Chang said that Knight's behaviour has distracted from the issues being probed at the proceedings and said that the Queen's Counsel’s behaviour was out of order and he was rude to the prime minister, the minister of justice and others. Chang made a comment that raised eyebrows when he said, "The commissioners have also been timid about making firm rulings against Knight for fear of appearing biased because they were chosen by government."
Why should these honourable and distinguished members of the Commission be timid? Knight is so powerful. He is a senator, a top notch lawyer and served as minister of foreign affairs and foreign trade as well as minister of national security, but that does not give him licence to bully his way.
He has certainly transformed the enquiry into a different direction, instead of trying to ascertain the reason for the delay in extraditing Coke, and if it was the government of Jamaica retained the law firm of Manatt, Phelps and Phillips or the Jamaica Labour Party (JLP), and who should be blamed for the death of more than 70 persons.
Lightbourne made some serious statements that should be tested when she blamed the deputy director of public prosecutions Jeremy Taylor and solicitor general Douglas Leys.
However, what was worse was the battering of the prime minister by KD Knight and at times milking the enquiry for all the political fuel he could wring out of it. Surely Golding, before he set up the commission, must have thought that he would have to testify and he would be cross-examined.
One commentator who was at the enquiry said, "I felt ashamed, seeing him being visibly rankled and literally crying out." The commentator asked, "Did he not know that was Knight's objective? To psychologically destabilise him, to up his pressure, to get him red in the face and then to do so in front of the nation. Did he not see it coming?”
The entire fiasco was being televised for the entire nation to see. Was that a good move?
The Jamaica Council of Churches has also weighed in and chided Knight and others for their "tasteless behaviour" and comments at the enquiry.
The government has allocated JA$37 million for the enquiry, but another $21 million has been added to it and this might not be enough because the exercise has taken more than double the time it had anticipated, no doubt because of the line of cross examination.
April 4, 2011
caribbeannewsnow
Friday, April 2, 2010
Jamaican court to rule on US extradition request
The government is resisting US demands that it hand over Christopher "Dudus" Coke, citing what Golding has described as unauthorized wiretaps and other problems with evidence against him.
The Shower Posse has been blamed for hundreds of killings in the United States, and Coke is wanted on US arms and drug trafficking charges.
The premier told a call-in radio program on Wednesday night that he had asked Justice Minister Dorothy Lightbourne to send the eight-month-old request before a judge for a decision.
"I have instructed the justice minister to make an application to the court to seek a declaration to determine whether or not there was a breach of the law or the (extradition) treaty," Golding said.
Coke is a member of the ruling Jamaica Labour Party and holds considerable sway over Golding's volatile constituency in the inner-city district of West Kingston.
In its annual narcotics control strategy report issued last month, the US State Department criticized Jamaica's handling of the Coke matter and said pervasive public corruption was a major barrier to improving the country's counter-narcotics efforts.
"Jamaica's delay in processing the US extradition request for a major suspected drug and firearms trafficker with reported ties to the ruling party highlights the potential depth of corruption in the government," the report said.
Vivian Blake, founder of the Shower Posse, died of natural causes in a Jamaican hospital last month, about a year after returning from a prison term in the United States.
Coke is believed to be the new head of the gang, named for its alleged practice of cutting down rivals in a hail of gunfire in the cocaine wars of the 1980s.
April 2, 2010
caribbeannetnews
Sunday, November 29, 2009
Jamaica: Golding's 'Dudus' dilemma
Golding and Lightbourne
A.E. Hueman, Contributor
Currently, Jamaica is in danger of becoming something of an international pariah. We were recently downgraded economically by both Bear Stearns and Moody's and also downgraded morally by Transparency International, but these are mere niceties in face of the thing that is threatening to demote us to the status of banana republic or rogue state.
This of course is the face-off between the Jamaican Government and the United States (US) in the matter of the extradition of Christopher 'Dudus' Coke. The media are treating the matter gingerly, but already, two companies have received threats from his fans. The public seems to have adopted the attitude that the prime minister (PM) is between a rock and a hard place and is sitting back to watch. The circumstances deserve more attention.
Our seemingly unflappable PM is actually on a slippery slope teetering on the edge of an International Monetary Fund rejection and simultaneously trying to find a foothold as he walks barefoot along the razor's edge between antagonising the US and infuriating his volatile constituents, plus night and day wondering where he is going to find the next few billions to pay the nurses, or the teachers, or the police. And he is handling this ticking time bomb with all the aplomb of a pope - or someone who has O.D'd heavily on tranquillisers. The man is an enigma wrapped in a mystery. One has to applaud his phenomenal cool, but who can understand it?
Whatever one's opinion about the delay on the request to extradite Coke (and other unnamed prominent persons) to face drug and gun charges, any intelligent person must be aware of the gravity of the situation and the impact that the displeasure of the US will have and indeed may already be having on Jamaica's viability. Keep Coke, and we get the big stick from the leader of the free world; hand him over, and we may be able to repair some of the damage to our image and some access to meaningful economic assistance. It is not only the right thing to do, but the only sensible course to take.
Thus, it does appear that Bruce Golding and Dorothy Lightbourne would be best advised that for the good of this country they stop the legal titivating and filibustering and just hand over the multifaceted Mr Coke aka 'Dudus', 'Prezi' or 'The President'.
In Jamaica, Dudus is described as a businessman, show promoter, area leader and don; but in the US, the State Department is alleging that he is an illegal gun trader and a purveyor of dangerous and illegal drugs.
Of course, handing Coke over to the US authority will be unpleasant and possibly have some perilous consequences for residents, for Golding, and by extension, for the Jamaica Labour Party (JLP).
Risking civil unrest
Residents may suffer civil unrest, Golding may lose support in his constituency and could even lose his seat in the next election. Trouble is likely if Coke is indeed as popular, powerful and dangerous in this JLP garrison as he is made out to be. But is this really the case? Is it fear or love that controls his supporters? There may well be a large number of well-thinking residents who would prefer to live outside the shadow of a don.
If, as predicted, the removal of Dudus does cause riot and mayhem in Tivoli, it will be the job of the police (hopefully without the help of Reneto Adams) and the army to quell it. Are the prevalent rumours of plans for protests and insurrection and of Tivoli bristling with high-powered weapons true, or just greatly exaggerated? If they are true, is that not another good reason to send in the troops?
No two ways about it: the Dudus dilemma does present an enormous challenge to Golding, and by extension, to the JLP, and more important, to all Jamaica. Perhaps Golding sees the stand-off as a no-win situation in which he is damned if he does and damned if he doesn't comply with international law and surrender the don to the US justice system. If Tivoli's response to the extradition is riot and mayhem and Golding has to send in the troops and invoke the Suppression of Crimes Act or call a State of Emergency just before the start of the tourist season, that's another blow to the economy and a double whammy to the economy and the JLP government.
Massive challenge
On the other hand, this massive challenge does come with a huge and enticing opportunity, an opportunity which, if intelligently and energetically used, can rid our island of a curse and transform Golding himself into a genuine National Hero.
Simply put, by cutting Dudus loose, Golding has a God-give opportunity to strike a crippling blow (hopefully the first of many such) against the corrupt gangland culture of the dons, which has taken over our many garrison constituencies, infiltrated mainstream politics, and is now threatening to get a stranglehold on both politics and society in Jamaica, land we love. Which politician would not rather become a National Hero than play second fiddle to a garrison don?
"There is a tide in the affairs of men
That taken at the flood leads on to fortune
Omitted, all the voyage of their life
Is bound in shallows and in miseries.
On such a full sea are we now afloat
And we must take the current when it
serves
Or lose our ventures."
- William Shakespeare
Dear prime minister of Jamaica, we look to you to decide the better option.
Feedback may be sent to columns@gleanerjm.com.
November 29, 2009