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  • Uhmm Hmm

    Report of Commission of Enquiry re Dudus Coke's extradition state categorically on page 14 that Coke's Constitutional Rights were breached.
    SUMMARY
    Our view is that:
    1. Sections 3,4 and 11 of the Interception of Communications Act provide the only means by which telecommunications may be tapped without such tapping amounting to a breach of Section 22 of the Constitution.

    2. The proper construction of the said Sections 3, 4 and 11, and of the Act as a whole, suggests that it was not intended by Parliament for the Act to authorize disclosure of records of telecommunications to foreign governments or their agencies.

    3. It follows that the Memoranda of Understanding, upon which the US Government relied, were not in keeping with the Act.

    4. Accordingly, nothing done pursuant to or in reliance on the MOUs can be said to have been under the authority of the Act, and was therefore an exception to section 22 of the Constitution.

    5. On this view, the supply of Coke's telephone records to the US government agencies was, therefore, a breach of his constitutional rights.
    Hero ting...

    Last edited by Bricktop; October 18, 2012, 04:31 PM.

  • #2
    Hero wipe him ass with the Constitution to rhattid:

    It follows that the intent of the MOUs that communications intercepts are to be shared with the DEA, and any sharing of such intercepts purportedly pursuant to them, do not seem to us capable of being "under the authority" of the Interception of Communications Act. If they were not under such authority, it follows that they would be in breach of the Constitution.

    We have come to this conclusion with much reluctance because Dr. Phillips' obvious intention was to bring the narcotics dealers and gun runners to justice. His intention should now be implemented by amendment to the Act, which we understand from Senator Nelson, Minister of National Security, is now being done.

    However, we note that Dr. Phillips signed the MOUs after only receiving oral advice from the then Solicitor General

    Comment


    • #3
      Drivah was a navigate the right road...until the hooligans kick him out of the bus and car run over him head...what else do we expect from Jamaicans...the law is not a shackle...snicker...

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      • #4
        Is he the 1st one ? at least it was done for a noble cause.
        THERE IS ONLY ONE ONANDI LOWE!

        "Good things come out of the garrisons" after his daughter won the 100m Gold For Jamaica.


        "It therefore is useless and pointless, unless it is for share malice and victimisation to arrest and charge a 92-year-old man for such a simple offence. There is nothing morally wrong with this man smoking a spliff; the only thing wrong is that it is still on the law books," said Chevannes.

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        • #5
          Cannot make an omlette without breaking a few eggs..

          The Ends Justifies the Means..

          We would rather create a problem to get in power and then correct it than sit on the sidelines and watch..

          Etc, etc..

          Is a Comrade ting..

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          • #6
            The law is not a shackle..



            Try dat wheh yuh live and si what happen.. but dat ah fi dem.. Jamaica is just a country of n i g g a h s suh ah nuh nutting..

            Babylon a kick off n i g g a h door from wheh day.. shet yuh mout bwoy..

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            • #7
              Originally posted by Bricktop View Post
              Drivah was a navigate the right road...until the hooligans kick him out of the bus and car run over him head...what else do we expect from Jamaicans...the law is not a shackle...snicker...
              You really presenting facts? These people walk far from that bredren.
              "Jamaica's future reflects its past, having attained only one per cent annual growth over 30 years whilst neighbours have grown at five per cent." (Article)

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              • #8
                Better yuh never seh nuttin bredrin...

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                • #9
                  Damn it's quiet in here...where is the loud mouth who was calling for Golding to be tried in a court of law?

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                  • #10
                    Originally posted by Bricktop View Post
                    Hero ting...

                    There was n't any doubt that passing the wiretap information to the USA was illegal and therefore the information it should not have been is in the legal process to extradite him. However that was a matter for the courts to decide. It was not a matter for the JLP leader or the PM.
                    The same type of thinking that created a problem cannot be used to solve the problem.

                    Comment


                    • #11
                      Originally posted by Time View Post
                      There was n't any doubt that passing the wiretap information to the USA was illegal and therefore the information it should not have been is in the legal process to extradite him. However that was a matter for the courts to decide. It was not a matter for the JLP leader or the PM.

                      Time, don't try to modify yuh position now. Matter for the courts? The AG, an attorney saw there was a flaw with the request, so did the SG and the ASG all lawyers ..... so why send it forward to the courts when they expect it to be thrown out? Then when that is done, you and the other unthinking jokers round here would accuse the gov't to trying to get Dudus off .... and claim the minister and her team were incompetent.

                      I recall Golding at one point said wire taps are cannot be used in Jamaican courts and many idiots mocked him for saying so. Well a few months ago there was a discussion about the increase in crime and Assan Thompson a police officer told the NNN team that wire taps CANNOT BE USED in Jamaican courts. Yet people 2nd guess the PM when he said so.

                      It is clear what the objective was ..... people muss feel proud now.
                      "Jamaica's future reflects its past, having attained only one per cent annual growth over 30 years whilst neighbours have grown at five per cent." (Article)

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