‘I didn’t know it was Dudus’ phone'

BY DESMOND ALLEN Executive Editor - Operations icu@amaicaobserver.com

Sunday, March 21, 2010

A J Nicholson, the former attorney general, did not know it was Christopher 'Dudus' Coke's phone he was asking the court to tap, when he sought the relevant warrant to do so, on February 2, 2007.

In fact, if the rules are followed, no attorney general knows whose telephone conversation they are seeking a warrant to tap, according to the then governing People's National Party attorney general and minister of justice.

The wire-tapping of Coke's phone is now the centre of an escalating dispute between the Bruce Golding administration and the United States which is demanding Coke's extradition for alleged trafficking in guns and drugs, based on evidence from those intercepted conversations.

"Requests of this nature made by the requesting and applying agencies, the security forces, never bear the name of the person whose telephone communication is sought to be intercepted. For common-sense reasons, the name is known only to the security forces when the document is placed before the attorney general," said Nicholson.

"As I recall, the practice was, and I expect remains, for an 'X' to be placed where the name is to be affixed, so that, for example, the attorney general would not know whether the subject was his relative or his next-door neighbour. So, the rationale is for the security forces to ensure the highest level of secrecy. I had no problem with this," he said.

The Supreme Court granted Nicholson's request for the interception of Coke's telephone communications on that occasion, and later on March 27, 2007, July 13, 2007 and September 18, 2007.

But Jamaica has stubbornly refused to extradite Coke as requested by the US last August under the two country's 1993 Extradition Treaty and subsequent memoranda of understanding.

Critics of the administration suggest the refusal is because the Tivoli Gardens strongman is aligned to the ruling Jamaica Labour Party (JLP) and resides in Golding's West Kingston constituency.

Nicholson sought to have clarification on his role in the Coke extradition affair, in a letter to the Sunday Observer, commenting on the newspaper's report on March 15, 2010, titled "Golding's sternest political test -- how the Christopher 'Dudus' Coke extradition story unfolded".

"I draw this to your attention lest there is the impression that an attorney general, past or present, in signing such a request, may be influenced by any oblique consideration, including the name that may appear on the document," the former attorney general insisted.

"Finally, your 'source' might have made it explicit that the requests come from the security forces lest the further regrettable view be left that they may come from any other quarter," he noted.

According to law, a warrant to intercept anyone's telephone has to be issued by the Supreme Court ex parte and must be disclosed only to the commissioner of police, a superintendent of police and the head of the Military Intelligence Unit of the Jamaica Defence Force.

The transcribed information is also to be disseminated only to those individuals whose involvement in the investigation necessitates the receipt of this information.

In the dispute, Jamaica accuses the US of breaching the Interception of Communications Act 2002 (ICA) which governs wire-tapping in Jamaica.

Jamaica insists that there is a general Constitutional right of freedom of expression in Jamaica, including the right of freedom from interference to receive and impart ideas, as well as freedom from interference with one's correspondence and other means of communication.

Moreover, Jamaica argues, because the ICA is an intrusion on a citizen's Constitutional right to freedom of expression, its provisions have to be scrupulously observed and followed.

No order was ever made authorising the disclosure of information to a foreign government, agents of a foreign government or an agency of a foreign government, says Jamaica.

The Act provides that any person who intercepts communication in unauthorised circumstances commits a criminal offence and is liable to imprisonment for a period of three years or a fine not exceeding $3 million or both; and that any person who knowingly discloses the contents of any communication commits a criminal offence and is liable to imprisonment for a period of five years or a fine of $5 million or both.

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COMMENTS (22)

Leanora Holland
3/21/2010

Under the extradition treaty, the Jamaican Government has many reasons to reject the request. The treaty is only an agreement between two friendly countries, nothing is binding, and there are no sanctions for any refusal. Pretty much, Jamaica can refuse any request, just because. Also, any of the parties can, after giving six months notice, can hop out of this treaty.
If he is wanted by America for crimes, then he is wanted in Jamaica for crimes too. Maybe the solution to this impasse is to try him in Jamaica since he has never travelled to the US.
Moreover, America too needs to clean up its act. They refused to destroy the poppy fields in Afghanistan although the Afghan government wants them destroyed. While America is playing games and wants ganja fields destroyed in Jamaica, heroine is killinng children in American cities.

josh davis
3/21/2010

i wish usa would put a bounty on his capture so i could make a likkle money outa this..and while yuh at it mr.obama just tell mi all who yuh want mek mi sort the thing out fe a smalls..

T G
3/21/2010

Yeah right!
....TG...

Tony Slim
3/21/2010

@Clara I disagree! I also have a feeling you are writing your response safe and secure in the good old USA while you attack them. God! Clara God is not the Author of Confusion. This is Confusion and corruption that stinks all the way to Heaven.
To the CIA... please equip Major Saunder of the JDF with the tools to overthrow the corrupted Jamaican government. Then the people will see the light !

Priti Ricketts
3/21/2010

It's like this, none of these political figures want to lose their lives over extraditing Dudus. They will be signing their death warrant & Kingston will be in chaos Any way you look at it, Jamaica is screwed.

John Smith
3/21/2010

For people asking why the gov't is acting as Dudus' lawyer, is because whoever disclosed the wire tappling info to the US Gov wasn't lawfully authorised to do so - or so the argument goes. What I find disingenuous is that when people break laws informing Bruce of Trafigura to kick the PNP out of power, the law is not a shackle, but when this JLP administration is threatened by the extradition of associated 'businessmen' the law becomes a shackle? This is a mess - the conflict of interest is clear and Mr Golding shall not come out unscathed. Ditch the Dons! When you Ditch the Dons things like this won't happen!

R Oscar lofters
3/21/2010

Is it remotely possible that both parties fearing the ramifications of prosecuting Dudus in Jamaica have seen fit to shift that responsibilty to the United States. Unfortunately , the Dudus extradition was publicly revealed causing a local and international problem for Mr.Golding. Because of the lack of transparency ,there is now growing political and legal confusion besetting the country.

Wa Tch
3/21/2010

Rahtid so Dorothy may have authorized the tap too, since we hear it was also done in Sep 2007.
What a drama.

Carl Hutchinson
3/21/2010

Ok Bruce, where do we go from here? I suggest you act as fast as possible to bring Dudus before the courts. It is now clear that you are fighting a losing battle. Use common sense; your political future does not have to be decided by dudus and TG does not have to be your final political destination.

K G
3/21/2010

To Ms Brooks, Maybe if Dudus took your advice and decided not to play god with other peoples lives, he just might not be in the situation he's in. And maybe if he decided not to play God, a descendant of one of those whose life he decided to end or destroy could have been the person who could of help to create a Jamaica all of us could be proud of. And how long should he be left alone to kill, extort, and destroy before God decides to call him for judgment? How long?

Paul Lewis
3/21/2010

The way it was set up, surely affords the right to challenge the warrant in court. The P.M. is probably the only one who is afraid to let the process run its course. I believe if you secretly poll the J.L.P.,you will find that the M.P.'s would rather let this go away, they enjoy the trappings of power too much and besides , most dont have a Dudus of their own . If you tell the politicians and police what you are doing ,then you can spare the expense, a billboard will be cheaper. " Is wha yu fraid a Bruce ".

Clara Brooks
3/21/2010

Go to the laws Jamaica stick to the laws it's the only way you can win the USA on it's own pedigree. Use the students of UWI to research communication breaches of the USA own laws, and give a dose of their own racial medicine. The USA and it's laws are essentially geared and mired down with bias and lies. it's does not deliver. The USA is not the shinning knight in armour to protect our citizens. nuff said. Leave Dudus alone, God will determine his fate.

Jay Brown
3/21/2010

Sensationalist headline?
It would give the impression that if the AG had known whose phone it was it would have made a difference.
This is bad reporting which does not help the already volatile situation that currently exist.

JA Cynic
3/21/2010

A request for the interception of Coke's telephone conversations was made on September 18, 2007.That is about 2 weeks after the JLP assumed the reins of GOJ.
Does the relevant Minister who certified the request have anything to say, or is it a case of "no retreat without resignation"?That is the substituted doctrine of "collective resposibility" at the Cabinet level.
JA Cynic

David Armstrong
3/21/2010

When people lack integrity and principles corruption and lawlessness becomes endemic in society. This Dudus extradition case is a manifestation of serious societal problems Jamaica is struggling with today. How can we expect our political leaders to solve the crime problem when they are defending people who are known for their notoriety in crime? It is time for Jamaicans to stop tolerating the actions of politicians high and low who cuddle and defend these so called dons. At a time in the country’s history when so many people are being murdered senselessly no one should be defending criminals, gangs, or dons.

Richie L
3/21/2010

So does this mean that the US followed proper (and legal) procedure in getting Dudas' phone tapped? And if so, where does Bruce go now?

Mr. Anderson
3/21/2010

I am still trying to understand where Jamaica's law was breached in this case.
According to the law and the Observer article, "a warrant to intercept anyone's telephone has to be issued by the Supreme Court ex parte and must be disclosed only to the commissioner of police, a superintendent of police and the head of the Military Intelligence Unit of the Jamaica Defence Force". So the Supreme court is the only body that makes the decision and neither the "President" nor the Prime Minister has to be there. So given that the Supreme Court granted the request for the interception of Coke's telephone communications, then no law is broken yet, right? And the fact that request is made by the US shouldn't matter, right?
Now, the information from the intercepts were received... and passed on to the United States. The law makes provision for the " transcribed information" to be disseminated only to those "individuals" whose involvement in the investigation necessitates the receipt of this information. Is this where the issues is? So the law should have said a country, and therefore the US obtained the information illegally??
Somebody tell me I am totally wrong and I am missing something, because if this is the argument then there is not much hope for our island.

Lloyd Scott
3/21/2010

Either the plot is thicken,or the whole Dudus debacle is getting murkier every second.In the US,believe it or not, if you happened to be within audible range of some one talking to another party on the phone, you are forbidden by law to tell some one else what you hear.That also applies to if your lines are crossed.You can be fined/imprisoned for such an offence.
Now what AJ Nicholson is saying is that authorization was given to tap the phone of Mr. or Ms X,and in accordance with the laws of the land,the minister should have no knowledge of the person(s) whose phone will be wire-tapped.His explanation in my opinion is on a sound footing,given the level of corruption in Jamaica.However, it should have been the Jamaican government who should have been going after Dudus in the first place because it is quite evident that there were sufficient hard evidence to have a conviction in our local courts.My question is,why did we was this information turned over to the US authority for them the handle it,and why is the US now deciding on Dudus to be extradited? Could it be that the PNP was scared of an all out PNP/JLP war that would pale in comparison to the 1980s ? This may not be the case because they were "cock sure" they would have won the election so my next question is.Does both parties have an agreement on designating Dudus as an untouchable?
What I gleaned here,it is apparent that had the PNP won the election, they would have been in the same predicament has the JLP now finds itself.The former fearing an all out political war,and later fearing it's leader may not able to enter Tivoli Gardens if Dudus is extradited.

george watson
3/21/2010

If there was a wiretap on Mr. Coke’s telephone since 1997 and if Mr. Coke is the defacto leader of Tivoli Gardens or even as a strongman must not there then be the likelihood of him speaking to some of the present leaders of the party at the highest level over the period? The important thing is what did they speak about?
If that is the case then the refusal to extradite him might have nothing to do with Mr. Coke and Jamaica’s sovereignty and the breaching of protocol in adhering to the Treaty, but the need for some people to cover their tracks. The mystery deepens. Or is it that the mist is being roled away? It certainly gets more interesting.

carl williams
3/21/2010

1700 Jamaicans were murdered last year and simular numbers for every year since then. My question is a simple one, how many of those imported guns were involved. I am not saying that "DUDUS" imported any of those weapons, but its stranger that the GOJ is not more supportive in protecting another 1700 marked for death this year..

Springfield XDM
3/21/2010

So What if its DUDUS Phone ? He is not bigger than any other Jamaican phone that was Tapped and definaitly not bigger than the Red White and Blue . It seem like a nuff sore foot is about Fi "Hot up"

www.discount-iphone.com Blackberry
3/21/2010

All of this confusion is not needed, if the person is guilty of a crime, he should face the music and be tried.

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‘I didn’t know it was Dudus’ phone'