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Editorial
June 12, 2010

It’s time to get real

We note, with amazement, the comfort that Mr Patrick Robinson, the president of the International Criminal Tribunal for the former Yugoslavia, says he takes in the knowledge that last week’s editorial “will be ignored by the judiciary and all well-thinking Jamaicans”.

According to Mr Robinson, the editorial, which pointed out that Chief Justice Zaila McCalla had no business entertaining the application for a stay of execution of the arrest warrant for Mr Christopher ‘Dudus’ Coke, the former strongman of Tivoli Gardens who is now on the run, bordered on the contemptuous and irresponsible.

Is it possible that Mr Robinson, a man with such a distinguished career spanning years of service here as a crown counsel in the Office of the Director of Public Prosecutions; legal adviser to the Ministry of Foreign Affairs; crown counsel in the Attorney General’s Department; senior assistant attorney-general, director of the Division of International Law and deputy solicitor-general, actually believes this?

We know he knows that Jamaican lawyers are, in fact, officers of the court who are obliged to assist, as opposed to abuse, the court’s process.

He cannot be blind to the barefacedness of the application, which is no less ominous in its objective than the two big crocodiles that the authorities found penned up in Tivoli Gardens recently.

He knows, as do we, that the universal object of a system of law is the establishment and maintenance of law and order.

And according to the order outlined by the law governing extradition matters, Mr Coke should not be afforded the discretionary courtesy of a judicial review in the face of other means of redress.

To do so, according to the 22-page opinion that Mrs McCalla penned in response to Mr Coke’s application, would be to distort the statutory scheme which clearly envisages that an application of the nature of Mr Coke’s should follow and not precede a decision by the Resident Magistrate’s Court, which is still waiting on him to appear before it.

Mrs McCalla didn’t, but we will go further to say that given the failure so far by the police to find Mr Coke it is time to start taking a closer look at the crime called aiding and abetting.

It is time to start taking a closer look at the options which may be available under the Proceeds of Crime Act with a view to cutting off the source of funding which seems to be fuelling this foolishness that Mr Coke’s lawyers are clinging to.

In short, it is time to for all of us to take our heads out of the clouds with a view to getting real and remaining relevant.

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