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News
April 21, 2011

Lawyers make final submissions; commissioners to report by May 16

THE Dudus/Manatt Commission of Enquiry is now working to present its report by the May 16 deadline following yesterday’s final submissions by lawyers. The conclusion of the enquiry yesterday heightened an already contentious debate among the public as to whether or not there would be a finding that the Christopher ‘Dudus’ Coke extradition request was mishandled and, if so, will anyone be held accountable.

Yesterday, lawyers representing Solicitor General Douglas Leys; Senior Deputy Director of Public Prosecutions Lisa Palmer-Hamilton; Deputy Director of Public Prosecution Jeremy Taylor; Jamaica Defence Force attorney, Lieutenant Col Patrick Cole; Former Commissioner of Police Rear Admiral Hardley Lewin; and Former Chief of Defence Staff Major General Stewart Saunders, asked the commission to find that there was no act of misconduct on their part.

The persons named were involved, at one stage or the other, in the extradition request that was made by the United States Government on August 25, 2009. Their lawyers pointed out that they acted in a commendable manner.

Leys’ attorney Oliver Smith and attorney K D Knight, who represented the Opposition People’s National Party, asked the commissioners not to put any weight on the evidence of Justice Minister Dorothy Lightbourne, claiming that her credibility has been damaged by the e-mail evidence which they said proved that she had communicated with attorney Harold Brady in relation to the extradition request.

At the same time, Knight and Patrick Atkinson, the lawyer who represented Opposition MP Peter Phillips, urged the commissioners to find that Lightbourne and Prime Minister Bruce Golding had not acted properly in the handling of the request.

“Something was wrong with the conduct of the prime minister,” Atkinson told the commissioners, “and something was wrong with the conduct of the justice minister.”

Attorneys for the prime minister and the justice minister, Hugh Small and Adolph Edwards, as well attorney Frank Phipps argued to the contrary. According to Small, there was no intent to prevent Coke from being extradited.

In his submission, Phipps, who represented the ruling Jamaica Labour Party, made several recommendations to the commission. Among them was a request that a process be found to resolve disputes between sovereign states before differences lead to a deterioration in relationship. He also suggested that the controversial MOUs that were signed with the United States be reviewed and considered against the Jamaican Constitution before any further use is made of them.

— Paul Henry

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