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Golding did not force my hand, says Lightbourne
She did it her way! LOL!
BY PAUL HENRY Observer staff reporter henryp@jamaicaobserver.com
Tuesday, June 01, 2010
JUSTICE Minister Dorothy Lightbourne has said that fresh evidence did not cause her to authorise the start of extradition proceedings against Christopher 'Dudus' Coke following nine months of stalling.
Instead, the attorney general said, she did so out of a concern that the Government could be accused of breaching its obligation under the Extradition Treaty with the United States.
LIGHTBOURNE... I determined that the proper course of action in all the circumstances was to issue the authority to proceed
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In an affidavit filed in the Supreme Court last Friday, but brought to the attention of the chief justice yesterday, Lightbourne said that she had written to the US requesting fresh evidence against Coke, apart from the wire-tap information which prime minister Bruce Golding said was illegally obtained, but it was not forthcoming.
The justice minister said that her decision to proceed against Coke was also based on the fact that she had withdrawn action seeking declarations from the Supreme Court that she was within her right under the Extradition Act in taking account evidence obtained illegally in reaching her decision not to proceed against Coke, who is wanted in the US to answer charges related to drug trafficking and gun-running.
Lightbourne was forced into dropping her application for the declaration, as the Supreme Court had earlier removed Opposition Leader Portia Simpson Miller and Private Sector Organisation of Jamaica boss Joseph Matalon as defendants in the case.
Coke, who was also named as a defendant in Lightbourne's application, could not be found for papers to be served on him.
"In view of the facts herein before mentioned and taking into accounts that there was some evidence against [Coke] -- even if the material gained by the intercepts were excluded and also considering what was in the public interest, which included that the [Government of Jamaica] not be placed in a position where it could be accused of having breached its solemn obligations under the Extradition Treaty made with the Government of the United Sates of America, while balancing consideration that [Coke] would not be precluded from contesting before the Jamaican courts the request for his extradition -- I determined that the proper course of action in all the circumstances was to issue the authority to proceed," Lightbourne said in the affidavit.
Lightbourne's comments came during a new affidavit filed on May 28 in response to a Supreme Court action by Coke seeking Judicial Review of her decision to proceed against him.
The justice minister also denied assertions that she was instructed by the prime minister to issue the authority to begin extradition proceeding against him.
Coke's application came up for hearing yesterday but was postponed until tomorrow, as attorney Don Foote asked for more time to study Lightbourne's affidavit to make a response.
On May 18 a warrant was issued for Coke's arrest, which resulted in him going into hiding following a joint police/military operation in his Tivoli Gardens stronghold in the prime minister's West Kingston constituency.
The operation resulted in the death of 73 civilians amd one soldier and the injuring of about 70 soldiers, police personnel and civilians.
She did it her way! LOL!
BY PAUL HENRY Observer staff reporter henryp@jamaicaobserver.com
Tuesday, June 01, 2010
JUSTICE Minister Dorothy Lightbourne has said that fresh evidence did not cause her to authorise the start of extradition proceedings against Christopher 'Dudus' Coke following nine months of stalling.
Instead, the attorney general said, she did so out of a concern that the Government could be accused of breaching its obligation under the Extradition Treaty with the United States.
LIGHTBOURNE... I determined that the proper course of action in all the circumstances was to issue the authority to proceed
[Hide Description] LIGHTBOURNE... I determined that the proper course of action in all the circumstances was to issue the authority to proceed
[Restore Description]
1/1
In an affidavit filed in the Supreme Court last Friday, but brought to the attention of the chief justice yesterday, Lightbourne said that she had written to the US requesting fresh evidence against Coke, apart from the wire-tap information which prime minister Bruce Golding said was illegally obtained, but it was not forthcoming.
The justice minister said that her decision to proceed against Coke was also based on the fact that she had withdrawn action seeking declarations from the Supreme Court that she was within her right under the Extradition Act in taking account evidence obtained illegally in reaching her decision not to proceed against Coke, who is wanted in the US to answer charges related to drug trafficking and gun-running.
Lightbourne was forced into dropping her application for the declaration, as the Supreme Court had earlier removed Opposition Leader Portia Simpson Miller and Private Sector Organisation of Jamaica boss Joseph Matalon as defendants in the case.
Coke, who was also named as a defendant in Lightbourne's application, could not be found for papers to be served on him.
"In view of the facts herein before mentioned and taking into accounts that there was some evidence against [Coke] -- even if the material gained by the intercepts were excluded and also considering what was in the public interest, which included that the [Government of Jamaica] not be placed in a position where it could be accused of having breached its solemn obligations under the Extradition Treaty made with the Government of the United Sates of America, while balancing consideration that [Coke] would not be precluded from contesting before the Jamaican courts the request for his extradition -- I determined that the proper course of action in all the circumstances was to issue the authority to proceed," Lightbourne said in the affidavit.
Lightbourne's comments came during a new affidavit filed on May 28 in response to a Supreme Court action by Coke seeking Judicial Review of her decision to proceed against him.
The justice minister also denied assertions that she was instructed by the prime minister to issue the authority to begin extradition proceeding against him.
Coke's application came up for hearing yesterday but was postponed until tomorrow, as attorney Don Foote asked for more time to study Lightbourne's affidavit to make a response.
On May 18 a warrant was issued for Coke's arrest, which resulted in him going into hiding following a joint police/military operation in his Tivoli Gardens stronghold in the prime minister's West Kingston constituency.
The operation resulted in the death of 73 civilians amd one soldier and the injuring of about 70 soldiers, police personnel and civilians.
he did?
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