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Lightbourne versus nobody
Published: Sunday | May 16, 2010 0 Comments and 0 Reactions
Barbara Gayle, Senior Staff Reporter
West Kingston strongman Christopher 'Dudus' Coke is the only defendant left in the motion, which Minister of Justice and Attorney General Dorothy Lightbourne has filed in the Supreme Court seeking declarations as to her powers under the Extradition Act.
However, Coke had still not been served with the court papers up to the end of last week.
The other defendants, Opposition Leader Portia Simpson Miller, and President of the Private Sector Organisation of Jamaica (PSOJ) Joseph Mayer Matalon, were released last week.
They were named as defendants because of public statements they made on the extradition issue.
But lawyers representing the two rushed to court asking that they be removed as defendants.
The justice minister conceded that the PSOJ should not have been named as a defendant, and Supreme Court Roy Jones, after hearing legal arguments, agreed that they should be removed as defendants.
Coke was not served with the claim form, as it was reported that his address was not known, but last week, Lightbourne's lawyers said further attempts would be made to serve him.
According to Lightbourne, Coke, 41, was named as a defendant because he is the accused in the extradition request.
The court has set June 1 as the date to begin case management on the declarations being sought by Lightbourne, triggering a furious debate in legal circles about the process if Coke does not appear as the defendant.
Members of the legal profession were almost unanimous last week in the view that the motion seeking the declarations cannot proceed ex parte.
They argued that there must be a defendant or intervener in the matter.
Defendant or intervener
A senior lawyer argued that unless the US government or another interested party intervenes, or the minister adds another defendant to the claim, the case cannot proceed.
"The minister's claim seeking declarations cannot proceed ex parte having regard to the state of the law. There must be a defendant or an intervener," another lawyer said.
"A person cannot go to the court for advice, or go to the court with academic issues, because the function of the court is to adjudicate and declare the rights of parties," the lawyer added.
"It is hardly likely that a court would want to proceed to hear the matter and make declaratory relief when there is no dispute between parties," another lawyer explained.
The lawyer said even if Coke was served with the claim form and was made a party to the proceedings, there would not be any challenge to the minister's claim, because Coke and the minister would be arguing similar legal issues.
Lightbourne versus nobody
Published: Sunday | May 16, 2010 0 Comments and 0 Reactions
Barbara Gayle, Senior Staff Reporter
West Kingston strongman Christopher 'Dudus' Coke is the only defendant left in the motion, which Minister of Justice and Attorney General Dorothy Lightbourne has filed in the Supreme Court seeking declarations as to her powers under the Extradition Act.
However, Coke had still not been served with the court papers up to the end of last week.
The other defendants, Opposition Leader Portia Simpson Miller, and President of the Private Sector Organisation of Jamaica (PSOJ) Joseph Mayer Matalon, were released last week.
They were named as defendants because of public statements they made on the extradition issue.
But lawyers representing the two rushed to court asking that they be removed as defendants.
The justice minister conceded that the PSOJ should not have been named as a defendant, and Supreme Court Roy Jones, after hearing legal arguments, agreed that they should be removed as defendants.
Coke was not served with the claim form, as it was reported that his address was not known, but last week, Lightbourne's lawyers said further attempts would be made to serve him.
According to Lightbourne, Coke, 41, was named as a defendant because he is the accused in the extradition request.
The court has set June 1 as the date to begin case management on the declarations being sought by Lightbourne, triggering a furious debate in legal circles about the process if Coke does not appear as the defendant.
Members of the legal profession were almost unanimous last week in the view that the motion seeking the declarations cannot proceed ex parte.
They argued that there must be a defendant or intervener in the matter.
Defendant or intervener
A senior lawyer argued that unless the US government or another interested party intervenes, or the minister adds another defendant to the claim, the case cannot proceed.
"The minister's claim seeking declarations cannot proceed ex parte having regard to the state of the law. There must be a defendant or an intervener," another lawyer said.
"A person cannot go to the court for advice, or go to the court with academic issues, because the function of the court is to adjudicate and declare the rights of parties," the lawyer added.
"It is hardly likely that a court would want to proceed to hear the matter and make declaratory relief when there is no dispute between parties," another lawyer explained.
The lawyer said even if Coke was served with the claim form and was made a party to the proceedings, there would not be any challenge to the minister's claim, because Coke and the minister would be arguing similar legal issues.
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