Phillips lashes Golding over 'Dudus' issue
BY KARYL WALKER Crime/Court Desk Co-ordinator walkerk@jamaicaobserver.com
Friday, March 12, 2010
FORMER National Security Minister Dr Peter Phillips last night branded as "misguided" and a "political red herring", Prime Minister Bruce Golding's announcement that the evidence presented by the United States in its extradition request for Christopher 'Dudus' Coke had breached the Interception of Communications Act.
Phillips, in an address to a Kiwanis Club of North St Andrew meeting at the Police Officers' Club in the Jamaican capital, said Golding seemed more concerned about protecting his political self-interest than the interest of the nation.
"There appears to be an apparent confusion in the minds of those who govern between their obligation as a government to the public interest and their obligation to their political self-interest," Phillips said.
He also blasted Golding's handling, in the public domain, of the extradition request and repeated his call that the issue be dealt with in a court of law.
"All that Jamaica needs to concern itself about is that there is a prima facie case to be answered in a specific jurisdiction. We cannot debate and make an assessment of this evidence within the public domain. It is going to erode public confidence in political authority," said Phillips who emphasised that he was not arguing for anyone's extradition but for the court to decide on the matter.
Golding has come under severe criticism for his defence of Coke, regarded as the don for Tivoli Gardens, a community that is fiercely loyal to the ruling Jamaica Labour Party and which sits in Golding's West Kingston constituency.
The US Government has accused Coke of drug- and gun-trafficking and last August submitted a request for his extradition. But Jamaica's delay in processing the request has drawn strong rebuke from Washington which has questioned Kingston's commitment to law enforcement co-operation.
The US has also accused the Golding administration of unprecedented delays, unexplained disclosure of law enforcement information to the press, and unfounded allegations questioning the US' compliance with the Mutual Legal Assistance Treaty and Jamaican law.
Golding, in response, said that the evidence supporting the extradition request violated the Interception of Communications Act, which makes strict provisions for the manner in which intercepted communications may be obtained and disclosed.
However, he said his Government had assured the Americans that if they have other evidence against Coke, "the procurement and disclosure of which were not in violation of Jamaican law", the justice minister would be prepared to accept that evidence and issue the necessary authority to proceed.
Last night, Phillips warned that the country faced "an imminent threat... from transnational organised criminal networks".
 
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3/13/2010
When all is said and done, I simply do not understand how so many lawyers on both the incumbent and opposition's side could not have crafted a document that would seek to preserve the rights of their citizens. Inspite of all the comments here, I am still wondering if I'm the only person to be bothered that our august PM did not see it fit to recuse himself from this theatre. I am not saying that we should just give over to all that the US requires; but I would have to be a flaming idiot to believe that with ALL the legal "know how" sitting in the government AND with the brightest and best serving as leader - that it took them this LOONGG to find a reason to deny the U.S's request.
I was born at night but not last night!
3/12/2010
Frankly, I like the comedy of the whole situation.........
It might be just a bad situation, with the level of murder and the power of the don and all that.......
But we are Jamaicans because from time to time we 'chuck' a little badness........'gainst the baddest in the world.........'Merica included....
.
I say long overdue..........
.
......And to think that the labourites were 'Merica's favourite in time past.........is just adding to the theatre.......
.
Couldn't we all just work it out at a "beer summit' though.........instead of all this hand wringing.......?.....
3/12/2010
we commend PM Golding and AG Lightbourne.
No wonder Golding was `headboy` over..PP and no wonder sista P. beat `him.
3/12/2010
listen up mike willy
If the US is submitting a "new" request, i suppose minus the "evidence" that is inadmissible even in a US court (and they know that), then there should be no hangups if the remaining evidence meets spec.
BTW: what is their excuse (for you seem to know all mike willy) for not submitting an 'air tight' extradition request in the first place!!! What? Did they put just amateurs on this case?
Unfortunately, the illegally obtained evidence brings into question all the other items brought forward in this case.
Winston G is on the money ... but Richard Edwards seems oblivious to the fact that no matter how many people break the law, even if it seems the rule rather than the exception (his opinion), it is still wrong !!! Richard are you implying that since Jamaica breaks the law (your opinion) the it is OK for the US to do the same then?
John Brown, you speak the plain truth - if the US (and all other places) appetite for drugs could be curbed the problem (production, transshipment etc.) would go away. After all, Jamaica could not export, for example, coconuts to these countries and have them consume them UNLESS the people there wanted them.
3/12/2010
If the breach of Jamaican Law is as egregious as PM Golding suggests then why not let this be decided by the Judiciary?
Noone is saying that Mr Coke should be just turned over to the US because they ask it of us.
If as a matter of Law, the Extradition Treaty and the Jamaican Constitution the way in which the US obtained the evidence against Mr Coke was illegal then by all means he should not be extradited!
But such a decision of Law is best handled by an impartial Judiaciary where it validity and motive cannot be questioned and not by Politicians or Politcal Appointees with a known political link to and vested interest in the accused not being extradited.
But then again maybe my understanding of our Consitution in Jamaica is wrong and as in some other countries here in Jamaica the"President" does control the Prime Minister.
3/12/2010
Winston G, it is a dangerous thing to ignore the law, does that apply to Jamaica too, I am just checking, becuase ignoring the laws in Jamaica seems to be a rule rather than an exception.
Richard Edwards. New York City
betterlifeforjamaicans@yahoo.com
3/12/2010
Winston G, you stand a better chance of getting a fair trial as a poor person in the US than in Jamaica ,on any given day. Hence the Privy Coucil.
Richard Edwards New York City
betterlifeforjamaicans@yahoo.com
3/12/2010
Have any one of you bother to obtain a copy of the Mutual Legal Assistance treaty and read the articles covering "Limitations on Assistance?" There is language in there that clearly gives the Central Authority the right to reject an extradition request. I would urge all of you, including the editors of both news papers, Peter Phillips and the PSOJ, to get the document and read Article 2 section (a) (e) & (f). Truth be told, I believe the PM is more concerned with section (a) even though he hasn't said so. That section said: The central authority can deny a request if the execution of the request would prejudice the security or other essential public interest of the requested state (Jamaica). All of you including Phillips is advocating that Jamaica become a puppet of the US (forget the laws of Jamaica). No wonder we are the most active of all the countries that are signatory to this treaty with the US. I could understand all the arguments if the PM was in breach of the treaty but, certainly he is not.
I also aked you all to re-vist the case of Richard Morrison, June 12, 1991. A bungling of his extradition order caused him to be sent off to the US prematurely before his appeal could be heard. The result is, the US would not acceed to Jamaica's protest and return him so his appeal could be heard. In the end, he was tried and sentenced to 24 1/2 years in prison. He was even convicted of an offense that was not listed in the original request, a clear violation of the Treaty. That goes to show that the US cannot always be trusted and as such, Jamaica need to exercise due dilligence when handling such issues.
3/12/2010
Ja Cynic is right, a way out is needed to save face so a second request is in order. But it will still lead to a court challenge, which is what so many has asked for. Also, this problem is too big to go away so easily, and it should not. Even if Coke is extradited, investigations are in order to answer much of the questions that have surfaced.
3/12/2010
With all due respect, I really don't believe the PNP has any moral aurhority to comment on this matter, as if they are any different from the current administration. When any politician in Jamaica talk about political self-interest, alluding to the other side, it is at best laughable, it is because of political self-interest why the country is in such damn bad shape Sir. It is because of political self-interest why you divde the people of the country. It would be because of political self-interest why you would have sent off Mr Chrostopher Coke to the USA, whether there were overt violations of his rights or not, it is because of political self-interest why when the PNP is in power they only look out for PNP constituencies and not those of the JLP, the JLP is guilty of doing the same. None of you guys from either side of the political fence, have any authority to talk about acting in political self-interest. The nerves of these guys.
Richard Edwards. New York City
betterlifeforjamaicans@yahoo.com
3/12/2010
Corruption is still the order of the day : the world police makes and breaks his own laws as to serve his best interests. The law of the land ( Jamaica ) does it actually count are we still without a backbone . I'm neither for or against an extradition but wherever a crime was committed then the felon must be subjected to that law of such country or land. A king is no king if he got no throne on which to rule or has no kingdom in which have subjects. A man cannot wards into your house and dictates the meals he wishes to have served or a room to sleep in and or tell members of the household what to do . That's my piece!! Peace out.
3/12/2010
The Prime Minister was wrong to reveal that Dudus was being wire tapped and he has proven why the US authorities cannot trust Jamaican politicians to be partners in the fight against crime.
Whatever the outcome, there is no winning in this for Jamaica. JLP might win and the US will win. However the ordinary Jamaican will lose.
3/12/2010
You see, my fellow Jamaicans, Mr. Golding is RIGHT (even if insincere) in stating that is not about Dudus. IT COULD BE ME, and IT COULD BE YOU. We cannot have the US come to Jamaica, BREAK OUR LAWS and take a Jamaican citizen to be tried on grounds on which AN AMERICAN CITIZEN COULD NEVER BE TRIED. And that is the FUNDAMENTAL issue here. I agree with the suggestion of JA Cynic that the US should simply come again. It should not be hard if the man is truly guilty.
3/12/2010
The U.S. is in process of submitting a new request for the extradition of Mr Coke.
What excuse or delay tactics will Prime Minister Golding use this time?
3/12/2010
Dr Phillips needs to shut his damn mouth and let Mr. Bunting do the talking regarding any form of crime in Jamaica. What ONE thing did he do to curb crime while he was the National Security Minister?
Yes, the courts should be handling this issue but we all know he's only talking because it's not one of his own.
Let Mr. Bunting do the talking whether it make sense or not.
3/12/2010
I do not believe that Mr. Coke is a saint. A BIG part of me wants to see him extradited. I am trying to find a way to agree with Dr. Phillips and to disagree with the PM on this issue, but my conscience cannot lead me to do that. As much as we would love to see Dudus extradited, we cannot ask the government to support the US when it so doing, they broke the Jamaican law. It is a dangerous thing to ignore the rule of law.
3/12/2010
Phillips playing pure politics.
3/12/2010
It is pure politics. Peter Phillips and the PNP does not have the moral authority to rant and rave about this issue, and so does the JLP, because they are all corrupt. His PNP administration was rife with scandal and corruption for most of there 18 1/2 years in power. Huh, all of a sudden dem (PNP) get holier than thou and dem have all di solution to Jamaica's problem. Peter Phillips and him com-bo-lo dem fi go crawl under a rock and neva resurface.
Also, the USA should curb there citizens appetite for drugs. A fi dem problem fi solve, not Jamaica's. Also, that is how the Americans behave, they are never wrong, hence it is always somebody else fault. For example, somebody spill hot coffee on themselves, lets say in Starbucks. Well, they would sue the hell out of Starbucks because they believe it is Starbucks fault.
You cannot collect evidence illegally and use it against somebody in a court of law, and this reminds me of, when they went to war with Iraq on the false pretense of WMD. You cannot try to justify a wrong, because wrong is wrong.
3/12/2010
PM Golding since taking office, with all its problems, has been strugling to overcome Hamlet Syndrome, whereby he can't decide how to deal with the problems facing his administration. He is confused. He does not trust the civil servants. Eddie gave us a hint of this many years ago when he said that Bruce was not ready to lead the JLP. His words has come to pass. Someone should set up an appointment for him with Dr Semaj!
3/12/2010
How can anyone trust even one word from Phillips' mouth. Was it not the US that went public with this case first? Even before that was it not the PNP that launched a public pressure campaign for Coke to be extradited? Has the US disclosed to the Attorney General the source of the communication based evidence? Is the evidence tainted or not? Simple. End of story. Phillips' pot stirring is mere "rabble rousing".
The Prime Minister has told the US to come with better UNTAINTED evidence and the matter will be reconsidered.
It is full time now for Phillips to stop the nonsense.
3/12/2010
well well well..
guess who just spoke on the matter on nationwide?
david coore.
mr. coore noted that the prime minister is wrong on every aspect of him using the law as a defence..
he stated that ''evidence gathered via any means is admissible in jamaican courts and this has been tested at the privy council as far back as 1991''
mr. coore also state that there is three steps that the justice ministry should follow.
1. make a correct id of the person requested.
2. identify that the accused is living in jamaica
3.check if the request is relating to charges because of religious ,ethnic or political .
now mr.prime minister since you claim that the advice you receive was from your attorney general who is also the justice minister,should we now expect you to fire your attorney general for giving you an advice that is contrary to the laws of jamaica ?
3/12/2010
What will the Government do when the next extradition order comes minus the so-called breach? All the Americans are going to, is to omit the telephone evidence since that's what this Govt is holding onto. I am sure, Mr. Golding will try to "find" something else.
3/12/2010
He was wrong in dismissing the PSC on the unfounded grounds of " misbehaviour". Mr. Golding settled the matter out of court. When he dismissed the PSC, did he get legal council? The matter of breach in the interception of communication is a ground for not signing the order, but can Mr. Golding be believed that this was breached?
3/12/2010
The Golding administration has taken a public stand on this extradition matter.It cannot afford to run the risk of a court of law pronouncing, in whatever form, that the PM, AG & SG were wrong in their interpretation or application of the law.
The way out is for the US to submit a new request, this time devoid of anything which may provide a ground for delay/clarification/rejection.That would be a win-win solution for both JLP & USA.
Given the abundance of evidence gathered over many years such would be a mere formality.Golding would have satisfied the local clamour to "defend" those who had supported him.
In the mean time, the problem may just go away; much to the relief of those who are threatened.History is prone to be repeated.
JA Cynic
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