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Golding says Phillips signed pact with US without Cabinet approval
BY ERICA VIRTUE Observer writer virtuee@jamaicaobserver.com
Monday, August 30, 2010
PRIME Minister Bruce Golding said yesterday that United States authorities pointed him to an agreement signed by former national security minister Dr Peter Phillips but which, Golding said, did not have Cabinet approval when he informed Washington that the evidence used in the extradition request for Christopher 'Dudus' Coke was obtained illegally.
Addressing the Area Council One meeting of his ruling Jamaica Labour Party (JLP) at the Papine High School in St Andrew, Golding said since the extradition request came in August 2009, the Government has been caught in the fury of the unfolding melee. However, he told the JLP die-hards it was good to speak to "members of the family [because] when all the forces that are in a rage against you, you must never forget the people on whom you can always depend".
Giving an outline of the discussion between Kingston and Washington on the extradition issue, Golding said: "When the request came in we said to the US Government the request is in contravention of the law. The US said to us, that law is not the only means by which we can get information and use it as evidence.
"We said to the US Government, what are you telling us, which agreement are you referring to? They showed us a document, signed by the minister of national security, in 2004 I believe it was. At that point I called the commissioner of police and I said, do you know anything at all about this agreement that was signed? and he said I know nothing at all about it," Golding stated.
He said that if such an agreement existed it must have had Cabinet approval, which prompted him to call the Cabinet Office for information on the agreement.
"I directed them to go and search the secret submissions, because there are some submissions that come to Cabinet that are considered highly confidential and are classified... because a matter as serious as this could not have been done without the approval of the Cabinet," Golding continued.
"They searched the secret submissions; they can find no record of any such agreement. After considerable search I got hold of a copy of the agreement, an agreement that was entered into, without as far as we can establish, the approval of the Cabinet, entered into by the former minister of national security," Golding said to loud shouts of "Peter Phillips a sell-out".
The prime minister said he examined the agreement to see what powers it contained. He said it made clear that "law enforcement agencies of Jamaica may share information with the law enforcement agencies of the United States, but any information so shared can only be used for intelligence purposes. It cannot be used for court proceedings, affidavits, any judicial activities. In other words, if you are investigating crime, that information will help you, but it was very clear that if you were to use that information for evidential purpose in court to go and try somebody, then you must go to the judge."
Golding reiterated that the Government was not against the extradition, only that what was presented to Jamaica was "flawed and a violation of our law".
He said the US was asked that if it had other evidence that did not violate Jamaican laws, it should send it. However, he said: "The United States took a position that what they sent us was enough, they were not sending anything more. And it became obvious from early discussions, even before we started corresponding with them formally, that there was no dialogue, there was no discussion, there was no consideration. Their position was that they sent you a request, deal with it."
He said it was at that point that the JLP said it needed some help and, with the help of local attorney Harold Brady, approached the US law firm Manatt, Phelps and Phillips.
He said it was at that point that things started going wrong, and though he has apologised for the way it was handled, it appeared not to be enough.
He also repeated his call for the law firm to produce any evidence that it was contracted by the Jamaican Government.
BY ERICA VIRTUE Observer writer virtuee@jamaicaobserver.com
Monday, August 30, 2010
PRIME Minister Bruce Golding said yesterday that United States authorities pointed him to an agreement signed by former national security minister Dr Peter Phillips but which, Golding said, did not have Cabinet approval when he informed Washington that the evidence used in the extradition request for Christopher 'Dudus' Coke was obtained illegally.
Addressing the Area Council One meeting of his ruling Jamaica Labour Party (JLP) at the Papine High School in St Andrew, Golding said since the extradition request came in August 2009, the Government has been caught in the fury of the unfolding melee. However, he told the JLP die-hards it was good to speak to "members of the family [because] when all the forces that are in a rage against you, you must never forget the people on whom you can always depend".
Giving an outline of the discussion between Kingston and Washington on the extradition issue, Golding said: "When the request came in we said to the US Government the request is in contravention of the law. The US said to us, that law is not the only means by which we can get information and use it as evidence.
"We said to the US Government, what are you telling us, which agreement are you referring to? They showed us a document, signed by the minister of national security, in 2004 I believe it was. At that point I called the commissioner of police and I said, do you know anything at all about this agreement that was signed? and he said I know nothing at all about it," Golding stated.
He said that if such an agreement existed it must have had Cabinet approval, which prompted him to call the Cabinet Office for information on the agreement.
"I directed them to go and search the secret submissions, because there are some submissions that come to Cabinet that are considered highly confidential and are classified... because a matter as serious as this could not have been done without the approval of the Cabinet," Golding continued.
"They searched the secret submissions; they can find no record of any such agreement. After considerable search I got hold of a copy of the agreement, an agreement that was entered into, without as far as we can establish, the approval of the Cabinet, entered into by the former minister of national security," Golding said to loud shouts of "Peter Phillips a sell-out".
The prime minister said he examined the agreement to see what powers it contained. He said it made clear that "law enforcement agencies of Jamaica may share information with the law enforcement agencies of the United States, but any information so shared can only be used for intelligence purposes. It cannot be used for court proceedings, affidavits, any judicial activities. In other words, if you are investigating crime, that information will help you, but it was very clear that if you were to use that information for evidential purpose in court to go and try somebody, then you must go to the judge."
Golding reiterated that the Government was not against the extradition, only that what was presented to Jamaica was "flawed and a violation of our law".
He said the US was asked that if it had other evidence that did not violate Jamaican laws, it should send it. However, he said: "The United States took a position that what they sent us was enough, they were not sending anything more. And it became obvious from early discussions, even before we started corresponding with them formally, that there was no dialogue, there was no discussion, there was no consideration. Their position was that they sent you a request, deal with it."
He said it was at that point that the JLP said it needed some help and, with the help of local attorney Harold Brady, approached the US law firm Manatt, Phelps and Phillips.
He said it was at that point that things started going wrong, and though he has apologised for the way it was handled, it appeared not to be enough.
He also repeated his call for the law firm to produce any evidence that it was contracted by the Jamaican Government.
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