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Liad, Lightweight & Ley-Ley in Legal Limbo

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  • Liad, Lightweight & Ley-Ley in Legal Limbo

    Hot Seat For Golding? PM Could Be Among Witnesses To Face West Kgn Commission
    Published: Tuesday | December 7, 20101
    Anastasia Cunningham, Senior Gleaner Writer

    PRIME MINISTER Bruce Golding, Attorney General Dorothy Lightbourne and Solicitor General Douglas Leys could be among the witnesses called to answer questions before the commission of enquiry into the issues related to the extradition request for Christopher 'Dudus' Coke and the hiring of the American law firm Manatt, Phelps & Phillips.

    The disclosure was made yesterday as chairman of the commission, Queen's Counsel Emil George, opened its preliminary sitting.

    The commission chairman has said the Ministry of Foreign Affairs and Foreign Trade would be the first witness to be questioned on details of the initial request for the extradition of Coke.

    The Attorney General's Department is scheduled to be the second witness, and George said following that, the proceedings would follow its natural course.

    Golding is to be represented by Hugh Small , who served as a minister in a past People's National Party (PNP) administration, and Sheryl-Ann McGregor.

    Persons wishing to appear before the commission, which begins hearings on January 17, 2011, have until January 7 to make written submissions. The commission has been instructed to present its findings no later than February 28.

    Meanwhile, during the half-hour preliminary sitting at the Jamaica Conference Centre yesterday, secretary to the commission, Dr Allan Kirton, outlined the Governor General's Gazette, dated October 19, which spoke to what led to the enquiry.

    Seeking answers for misconduct

    In addition to examining the manner in which the request for Coke's extradition was handled, and the engagement of Manatt, Phelps & Phillips, the commission is also charged with finding "whether there was any misconduct on the part of any person in any of these matters and, if so, to make recommendations, as (it) sees fit, for the referral of such persons to the relevant authority or disciplinary body for appropriate action".

    Outlining the rules of the enquiry, George said all witnesses have the right to counsel. All parties must receive all documentation and have the right to question the evidence presented. As part of the disclosure aspect, George said all documents entered into evidence will be made available to everyone.

    George and his fellow commissioners, Anthony Irons and Donald Scharschmidt, fielded questions from attorneys representing the PNP, led by K.D. Knight and Patrick Atkinson, being instructed by A.J. Nicholson, as well as Patrick Bailey and Kathryn Phipps, representing Dr Ronald Robinson.

    Robinson resigned as minister of state in the Ministry of Foreign Affairs at the height of the Manatt saga amid revelations that he met with the law firm.

    Clarity for the public

    Yesterday, Bailey said "the objective is to have the relevant facts established so the Jamaican public can understand what really happened".

    He added: "We want to establish, with clarity, what role he played in the Manatt affair."

    Meanwhile, Knight questioned whether the terms of reference for the enquiry were expansive enough to address the circumstances that unfolded in Tivoli Gardens.

    More than 70 civilians died in west Kingston after Golding's announcement that the extradition order would be signed against Coke. This was followed by a military-led operation into the garrison enclave.

    Responding to Knight, George said he had to be "careful of the terms of reference and not exceeding them". He said he would discuss it with the commission and get back to the enquiry on that matter.

    Stating that the proceedings would take the same form as a court proceeding, where witnesses go to the box, are sworn in then give their statements, George said all witnesses taking the stand must have counsel. Persons without counsel would be represented by a state-appointed attorney.

    anastasia.cunningham@gleanerjm.com

    http://jamaica-gleaner.com/gleaner/2...ead/lead5.html
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