Did Driva trick us again? Why did he agree to do it?

[Time]

Something not right. Driva was prepared to die politically so why did he really sign?

PM prejudiced Dudus case, says Phillips

Published: Thursday | May 20, 2010 0 Comments and 0 Reactions


Christopher 'Dudus' Coke, alleged by the United States to be a dangerous drug lord. - File



Phillips has argued that the Government's previous pronouncement and machinations may have compromised the 'Dudus' extradition case. - Norman Grindley/Chief Photographer




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Daraine [COLOR=orange !important][COLOR=orange !important]Luton[/color][/color], Senior Staff Reporter

FORMER NATIONAL Security Minister Dr Peter Phillips has suggested that the Government may have 'prepared the wicket' for Christopher 'Dudus' Coke's court defence.

Coke, who has been accused by the [COLOR=orange !important][COLOR=orange !important]United [COLOR=orange !important]States[/color][/color][/color] of drug smuggling and gunrunning, is fighting extradition proceedings in court as a warrant has been issued for his arrest.

But Phillips has said the events leading to the Government's decision to sign an authority to proceed against him may be part of a wider plot to prevent Coke from being extradited.

"The way in which it has been done has not only the potential of prejudicing the court hearing, because if he filed an affidavit a few days ago to say that it was not valid, and then proceeds on the course that he is proceeding - I don't know how the courts will look at it: but whether by design originally or whether by chance, what he has done is prepared the case for Mr Coke and could contribute to further delay," Phillips said.

Breach of constitutional rights

Justice Minister Dorothy Lightbourne on Tuesday signed an order to proceed with extradition proceedings against Coke, days after a defiant Golding insisted that it would have been a breach of Coke's [COLOR=orange !important][COLOR=orange !important]constitutional [COLOR=orange !important]rights[/color][/color][/color] as material being used as evidence against him was illegally obtained.

Lightbourne and Golding have said that there were serious constitutional issues with the request because the US had breached the Interception of Communication Act, a [COLOR=orange !important][COLOR=orange !important]law[/color][/color] which specifies the circumstances under which a citizen's constitution rights to privacy can be invalidated.

Coke's [COLOR=orange !important][COLOR=orange !important]attorney[/color][/color], Tom Tavares-Finson, who has turned over responsibility in the extradition case to Paul Beswick and Jacqueline Samuels-Brown, has already indicated his client would be challenging the order on the basis that Lightbourne and Golding have already declared that they needed further and better particulars and that the wiretapping evidence obtained against him was illegally sourced.

The parliamentary Opposition has consistently argued that Lightbourne should have sent the matter immediately to court and let it determine the admissibility of the evidence. However, Golding said the justice minister is "not a lubricated conduit".

"The minister of justice, in authorising extradition proceedings, has a duty to satisfy herself that they conform with the provisions of Jamaican law.

As minister and, especially, as attorney general, she cannot authorise processes which she knows to be in violation of Jamaican law," Golding told Parliament on March 2.

Golding also said that he was prepared to pay a political price for his stance and that he was determined to establish that "constitutional rights do not begin at Liguanea", where the US Embassy is headquartered in Jamaica.

However, under public pressure, Lightbourne went to court seeking a declaration on her powers under the Extradition Act but the case folded as the presiding judge released the persons Lightbourne listed as defendants.

Phillips said Tuesday there were many questions which arose in relation to how the extradition issue was treated. He said he found it strange that Golding has "easily adjusted" his principled stance as "it was a matter which he was prepared to die politically for".

daraine.luton@gleanerjm.com

[Rockman]

Dudus' supporters are setting a trap for Dudus, it is likely all the parties want an arm confrontation, Jamaica gets nothing again.
The question of whether the AG has the right....is very important,The Supreme Court should still make a ruling despite....
Otherwise we have nothing.


Blessed

[Karl]

Dirva di Chess Master

[Karl]

Dudus' supporters are setting a trap for Dudus, it is likely all the parties want an arm confrontation, Jamaica gets nothing again.
The question of whether the AG has the right....is very important,The Supreme Court should still make a ruling despite....
Otherwise we have nothing.


Blessed

The AG has the right. It is clearly so stated. Going to court to have the courts say - Yes! Was a red herring! ...a nonsense move save and except for buying Dudus' protectors i.e. Goldin and his cohorts and Dudus time.

As I said, Goldings crime is that he works for and with Dudus, the DON of all Dons, against the Jamaican citizens.

[Rockman]

I find it odd a judge would authorize a purpose defying wiretap.That is currently the unresolved issue.



Blessed

[Karl]

I find it odd a judge would authorize a purpose defying wiretap.That is currently the unresolved issue.



Blessed

Just to be clear - You find it odd that a Judge would authorize the extradition of Dudus when some of the evidence against him was obtained via a wiretap?

...or...

You find it odd that a Judge would authorize the extradition of Dudus when some of the evidence against him was obtained via wiretap evidence obtained illegally?

In any case my question from the get go stemmed from belief that evidence was being ignored as the PM framed the matter on only the piece of evidence that was obtained via the wire-tap...or pieces of evidence obtained via wire-taps.

...ignoring the other many other pieces of evidence from co-conspirators number 1 through God knows how many others?

Why would it not have been enough to extradite based on those other pieces of evidence? Why would Dudus not have a case to answer based on those other pieces of evidence?

I thought from the get go that he should have been extradited based on evidence outside of that contained in the wire-taps.

----

Surely if John Tom was caught in a murder or gun-running or distribution of drugs and presented evidence that I was his 'partner in crime' the authorities would not allow me to remain free?

[Rockman]

Nah, alluding to the unusual restriction; can't act on evidence gathered.
Mawning Karl.



Blessed

[Gamma]

acting in vain right? yup ... i share that opinion but i asked it another way....

[Muadib]

Just because you cannot use information from a wire-tap in court.. it does not mean you cannot use it...

Think about it..

[Jawge]

"suddenly, life has new meaning to me" Just days ago all the above arguments were refuted by the AG. It's clear that our political system is flawed. It allows the PM to be a dictator with no checks and balance.

Know what? Just sign the caribbean security initiative.

[Reggaedoc]

Exactly Maudib. Somebody needs to tell the PM, Vaz, Taveres etc this. The wire tap evidence may have been illegal obtained, but it appears that this is not the evidevne the US govt. is going to use to convict him. I do not think they plan to admit this evidence in court. I think they simply used the wire tap evidence to corroborate other legally gained evidence. In other words the wire tap probably was used to confirm other evidence, which is admiisble in court. This is quite acceptable, and in fact good investigational work. We need this kind of investigation in Jamaica.

[Mosiah]

Does not matter - illegally gained evidence can be admitted in court!!!