US issues stinging report on "Dudus" extradition

[barosa]

Re: Dudus jitters hit J’cans in US....dwl dwl dwl

<div class="ubbcode-block"><div class="ubbcode-header">Originally Posted By: Dr.Dudd</div><div class="ubbcode-body">What serious strain??!! </div></div>
<div class="ubbcode-block"><div class="ubbcode-header">Quote:</div><div class="ubbcode-body">Still Basil Grant, a warehouse clerk, like most of his countrymen here, is worried about a serious strain in relationships between the US and his native land.

&quot;A solution must be found soon,&quot; he said.</div></div>
Doc, some Jamaicans dont like the idea of trifling with &quot;Uncle&quot;; they would rather little Jamaica play along, BEHAVE and dont ruffle any feathers for a quiet life...
___________________________

&quot;At a time of universal deceit,&quot; wrote George Orwell, &quot;telling the truth is a revolutionary act.&quot;

[neutral]

Re: Dudus jitters hit J’cans in US....dwl dwl dwl

<div class="ubbcode-block"><div class="ubbcode-header">Originally Posted By: barosa</div><div class="ubbcode-body">
Doc, some Jamaicans dont like the idea of trifling with &quot;Uncle&quot;; they would rather little Jamaica play along, BEHAVE and dont ruffle any feathers for a quiet life...

</div></div>

LOl !.....yeah,the &quot;chicken lickens&quot; of this world,they are the type of people who bawl hysterically &quot;we`re gonna die we`re gonna die! as soon as an aeroplane hits a strong wind,...a good slap to the face usually brings them back down to earth.

[remo]

Re: Dudus jitters hit J’cans in US....dwl dwl dwl

dis makes me laugh when these people say resolve the matter quickly dem really mean that the Jamaican government taking too long cave in

[Xavier]

Dudus will be sent to the US soon...Air Jamaica

Word is that Dudus will be sent to the US soon as it is now apart of the Air Jamaica deal. The US needs to give permission for Caribbean Airlines to take the routes. Do you think they will give them permission without Dudus being sent to them on the first Caribbean Airlines flight...DWL..talk about pressure

[Dr.Dudd]

Re: Dudus will be sent to the US soon...Air Jamaica

You think is just that??
If that was all they wouldn't have a problem.

But all the IMF and World Bank funds, are predicated on 'government, act in a way that is considered by gurantuars as not corrupt.

Well at one stage Patterson had to pay to an American a few million Us for loss they experience during the 70's Manley regime.
Although the American couldn't get it during the Seaga regime.

They never got it during the second Manley administration either.
They had him sign and publicise the information first. and then they made then demand. And that was a business loss.<div class="ubbcode-block"><div class="ubbcode-header">Originally Posted By: Xavier</div><div class="ubbcode-body">Word is that Dudus will be sent to the US soon as it is now apart of the Air Jamaica deal. The US needs to give permission for Caribbean Airlines to take the routes. Do you think they will give them permission without Dudus being sent to them on the first Caribbean Airlines flight...DWL..talk about pressure

</div></div>

[neutral]

Re: Dudus will be sent to the US soon...Air Jamaica

<div class="ubbcode-block"><div class="ubbcode-header">Originally Posted By: Dr.Dudd</div><div class="ubbcode-body">You think is just that??
If that was all they wouldn't have a problem.

But all the IMF and World Bank funds, are predicated on 'government, act in a way that is considered by gurantuars as not corrupt.

Well at one stage Patterson had to pay to an American a few million Us for loss they experience during the 70's Manley regime.
Although the American couldn't get it during the Seaga regime.

They never got it during the second Manley administration either.
They had him sign and publicise the information first. and then they made then demand. And that was a business loss.[

</div></div>

Could someone translate wah him juss seh fimme.

[evanovitch]

Dudus, US Gov't, interception of information

Dudus, US Gov't, interception of information

Ken Chaplin
Jamaica Observer

Tuesday, March 09, 2010



THIS column begs to differ with the editorial, &quot;No man is (worth) an island&quot; in last Thursday's edition of the Observer regarding the constitutionality of the extradition of Christopher 'Dudus' Coke, who is wanted in America for alleged drug and gun-trafficking charges .The editorial took to task Prime Minister Bruce Golding for defending Coke's constitutional rights and seems to play down the importance of the Jamaican Constitution to the life of every Jamaican. If one aspect of the Constitution is breached, it sets a bad precedent.

It appears that information relating to Coke's alleged activities was forwarded to the US authorities after Coke's telephone was illegally tapped by operatives of a secret multinational intelligence agency, and this information was used to support the extradition request. Responding to the 2010 International Narcotics Control Report issued by the US Department of State Bureau for International Narcotics and Law Enforcement Affairs, Golding told Parliament last Wednesday that one aspect of the request which seemed to have worried the government was the violation of the Interception of Communications Act. The Act makes strict provisions for the manner in which intercepted communications may be obtained and disclosed. The evidence supporting the extradition request violated those provisions, said Golding. This violation is a serious offence.

The Act shows that the proper procedure, which requires an authorised officer to apply ex parte (without the other side being present) to a judge in Chambers for a warrant to intercept information in the course of transmission by means of a public or private telecommunication network, was not followed.

Under this section of the Act the violation carries a maximum fine of $5 million or imprisonment of a term not exceeding five years, or to both such fine and imprisonment. The law further requires that for intercepted communication to be admissible in any criminal proceedings it must have been obtained, disclosed and used in accordance with the provisions of the Act. Golding said that this was not done and the action was highly irregular. Of course, the US Government is not saying how it got the information and this is a normal position.

The Act defines interception as the monitoring of transmissions made by wireless telegraphy to or from apparatus comprising a network. It also covers the monitoring or modification of, or interference with the network by means of which the communication is transmitted, so as to make some or all of the contents of the communication available, while being transmitted, to a person other than the sender or recipient of the communication. Except as provided in the law, a person who intentionally intercepts a communication in the course of its transmission by means of a telecommunication network commits an offence and is liable, upon summary conviction in a Resident Magistrate's Court, to imprisonment for a term not exceeding three years or to a fine not exceeding $3 million, or to both such fine and imprisonment.

The Act says, among other things, that an authorised officer shall not disclose any communications data obtained under the Act unless the minister responsible for national security directs such disclosure to a foreign government or agency of such government where there exists between Jamaica and such government an agreement for the mutual exchange of that kind of information and the minister considers it in the public interest that such disclosure be made. The minister of national security issued no such direction in the Coke case. What is more, extradition under the treaty must be in conformity with the laws of Jamaica and in this case the Interception of the Communications Act was breached.

So the Minister of Justice and Attorney General Senator Dorothy Lightbourne acted within the law in not signing the documents for the extradition of Coke. But one question is now being asked by some people: Since the matter is about Coke's constitutional rights, shouldn't the issue go before the Constitutional Court? This, of course, would mean that the minister would have to sign the document for extradition, the arrest of Coke and his trial in a Resident Magistrate's Court. If ordered extradited, he could go to the Constitutional Court. The case is not yet concluded. The minister has requested information from the US Government, after which the matter will be further considered.

It should be pointed out that the editorial indicated that the matter should have been put to the test in the Jamaican courts.

The government has taken a great deal of flak locally over the Dudus Coke affair. Some of the flak is political. The truth is that some of the flak came from political quarters. Coke is the JLP's &quot;points man&quot; for West Kingston which is the constituency of the prime minister and beyond, and if sent for a long stretch &quot;up the river&quot; in the USA this would be to the political disadvantage of the JLP. Of course, the law is not concerned about such matters. If the Interception of Communications Act is breached, then extradition cannot take place, for the Extradition Act says extradition must conform to the laws of the country.

The US Department of State was not careful, as it ought to be, in the preparation of its report on the efforts of the security forces and the Jamaican authorities in the fight against international drug trafficking and organised crime. It should have been more specific and less generic in its evaluation regarding these matters. Certainly, there are a few areas where more progress could have been made, but there are a large number of areas in which the struggle has been remarkably successful, some with the assistance of the US Government.

Nevertheless, the report provided the Minister of National Security Senator Dwight Nelson with the opportunity to give a comprehensive review of the achievements of the government's programmes in an attempt to deal effectively with illicit drug production and trafficking and organised crime.



<span style="font-weight: bold">No man is (worth) an island</span>


Thursday, March 04, 2010



PRIME Minister Bruce Golding has taken the unprecedented step of putting the interest of one man above the interest of an entire nation. And history will not absolve him.

In his statement Tuesday to the Parliament, responding to the United States on the much too drawn out extradition request for Mr Christopher 'Dudus' Coke, the Tivoli Gardens strongman, Mr Golding seemed to have forgotten that politics is the art of the possible.

It is not possible to engage the United States, especially on a matter relating to allegations of criminal activities, and come out unscathed. This is not a fight to preserve Jamaican pride or even sovereignty. This is not a defence of a Jamaican national hero. This is not an enemy country that we are staring down. In fact, the US is our cherished friend and ally.

For Mr Golding to draw for the excuse that he is defending the Jamaican Constitution is pure hogwash. Neither the Jamaicans nor the Americans are buying it. There are just too many issues on which we have simply shamed our Constitution to now suddenly seem to be so concerned about upholding constitutional rights. Try telling the families of the seven girls who died at Armadale about their constitutional rights.

We, like most Jamaicans, are uncomfortable with the prime minister abrogating to himself and his minister of justice and attorney general the right to determine the outcome of a matter that should have been put to the test in the Jamaican courts.

Mr Golding should also remember that good old phrase: Two wrongs do not make a right. So even if the US illegally obtained information about allegedly illegal activities, that is not occasion for the prime minister to 'hold hard end'.

The prime minister made it clear he was willing to expend political capital in his defence of Mr Coke. That is a decision he should make in his personal capacity, not as head of a country. Jamaica cannot afford this potentially ruinous adventure.

Mr Golding needs to wake up and smell the coffee, hopefully one without caffeine. Already Jamaicans are joking that 'The ¹resident' has ordered the prime minister to speak on his behalf. Mr Coke, of course, is popularly referred to as 'The President'.

Even if it were not his intention, Mr Golding appears to be suggesting that Mr Coke is more important than the Jamaican nation; more important than our long established bonds of friendship with the United States; more important than the value of our biggest and most lucrative export market; more important than the fight against the international traffic in firearms and narcotics; more important, even, than the large number of Jamaicans killed by guns or destroyed by drugs.

We are sure, of course, that he could not mean it this way. Mr Golding is one of our brightest prime ministers yet. Perhaps, he was merely off on a temporary flight of fancy.

We have a piece of unsolicited advice for the prime minister: Sit down with Mr Coke and work out a timetable for his voluntary handing over to the US authorities. Then follow the case through to the very end, to ensure that he gets the full benefit of both Jamaican and American justice.

[evanovitch]

Hail to the republic?

Hail to the republic?

Lloyd B Smith


Tuesday, March 09, 2010



IT has been said that hindsight is 20/20 vision. Hindsight has to do with the understanding of a situation or event only after it has happened. Bruce Golding is caught in such a pickle with respect to the Dudus (Christopher Coke) affair. In retrospect, Mr Golding should not have yielded to the temptation of being enthroned as the member of parliament for West Kingston (popularly called Tivoli Gardens).

Why? Because prior to his ascendancy to the leadership of the Jamaica Labour Party, Mr Golding as the founder of the National Democratic Movement said he was vehemently opposed to garrison-type politics. Indeed, that was why he had left the then Edward Seaga-led JLP, subsequently declaring that he had no intention of “hugging up any gunmen” (or words to that effect). This stance by the Golden One found much favour with many well-thinking Jamaicans who had become tired (and still are) of the tribal politics which relies heavily on violence, intimidation and various forms of corruption in order to obtain and retain power.

That Mr Golding decided to represent what former Commissioner of Police Rear Admiral Hardley Lewin called “the mother of all garrisons” is therefore most ironic as it was a classic case of putting a square peg in a round hole. Looking back, both he and his supporters may well rue the day when they did not opt for him to find a safe seat somewhere else in the country. PJ Patterson, that most astute of all Jamaican politicians, it is said, when given the option to represent the PNP in Central Kingston (a seat successfully held by Michael Manley), decided against such a move, preferring to take on a rural constituency bereft of any garrison-type politics, South East Westmoreland.

Just think this one through. If Mr Golding at this time were not the MP for West Kingston, the domain of Dudus, would he have found himself between a rock and a hard place? Alas, poor Bruce! A case of being hoisted on one's own petard? Well, the horse has already bolted through the gate and the JLP, perhaps for the first time in its long, illustrious history, has found itself at odds with Jamaica's and its greatest ally, the United States of America! It must be remembered that while the leftist People's National Party has been known in the past to adopt a certain anti-American stance, especially during the height of the Cold War (think Cuba and Fidel Castro), the JLP was always totally in the bosom of Uncle Sam. Indeed, many decades ago when its maximum leader and founder Sir Alexander Bustamante was asked by reporters what was the JLP's foreign policy, he quipped, “We are with the West!” This in essence meant that the JLP was with the USA, the bastion of western civilisation, democracy and civilisation. Wonder what Busta must be thinking now? Would he have taken the same position as Mr Golding at this time? Food for thought.

Those who argue that Jamaica's sovereignty is at stake do so disingenuously because, in the final analysis, a country whose irrefutable designation is being that of a “narco-democracy” has already forfeited its sovereignty to the dons and others of such ilk. Mr Golding's decision to put his political fortunes on the line in his defence of this one man clearly suggests a departure from normal foreign policy relations whereby the tenets of a signed treaty are held to be sacred. And in the event that such a scenario develops, then the appropriate thing to do is to have the judiciary determine what is legal and hence constitutional. To usurp the role of the judiciary while preferring to use Parliament as a platform to influence and enjoin public opinion is simply playing to the gallery which in this case may well have in its midst those individuals whose modus operandi is not in the best interests of the country.



Let us be realistic, as colleague columnist Mark Wignall outlined in his Sunday Observer article, there is likely to be a major social fallout (and perhaps economic too), if Dudus Coke, the Big Man, is extradited to the United States. But outside of this likely outcome, there are also serious implications for the ruling JLP whose leader could well be declared persona non grata in his own constituency if he should be party to such a perceived collusion with the US State Department. Additionally, if Dudus is extradited, there is the likelihood that he may be lured into a plea-bargain arrangement. Would the caged bird decide to sing? And what would be the deleterious consequences of such an occurrence?

In the meantime, the political fallout has begun, with many Jamaicans feeling that they will not be able to get a US visa or the one they have may be terminated. One youth man last week declared to me in a most chagrined mood that he was not going to bother to go the US Embassy because he knows he will not get a visa. Meanwhile, many Jamaicans from all walks of life will be approaching their travel to the USA with great trepidation as they will hear that their visa has been cancelled only when they arrive at the airport to board a flight. Blame it on Bruce? The US State Department has so far denied any such linkage, but in politics perception can break or make you.

The bottom line is that Jamaica is now moving towards being a de facto republic, notwithstanding our allegiance to Her Majesty Queen Elizabeth II, her heirs and successors. Based on perception, we now have a president whose all-pervasive power makes him King of the Hill. Serve us right! For years we have been dabbling with the notion of parting company with our colonial masters as well as pussyfooting with respect to the dismantling of garrison constituencies. Now it is time to pay the price for vacillation and pusillanimity.

In this context, the PNP has very little moral ground to stand on and must see itself as also being part of the problem rather than the solution. The die is cast.

[evanovitch]

Uncle Sam or son of the soil?

Uncle Sam or son of the soil?

HEART TO HEART

With Betty Ann Blaine


Tuesday, March 09, 2010


Dear Reader,

The events of the last few weeks ring ominously for our beloved country. It is not only that the security and social fabric of the country are unravelling at an alarming rate, but the overarching umbrella of governance is crumbling as well.


The evidence is clear. Serious crime, especially murders, gang violence and wholescale terrorist assaults on communities have become permanent features of daily life. The almost total breakdown of the rule of law, manifested most glaringly on the country's streets, has become such a norm that it is a topic no longer worthy of national discussion. Instead, what I have noticed is that people who appear to be law-abiding citizens are joining the ranks of the lawless. The country is in anarchy, but what is even worse is that the institution which is supposed to be providing the solutions, namely our government, has itself become a part of the problem.

Central to the issue of the deepening failure of Jamaican politics and politicians is the current standoff between the Golding administration and the US Government. It is not only that the opinions and conclusions formed by the State Department cast an ugly light on corruption in Jamaican politics, it has typecast an image of Jamaican society that, if not reversed quickly, may place us in a &quot;clique&quot; that has few escape routes and even fewer friends and allies in the West.

Of course, the question that must be asked is whether or not our government has officially embarked on realpolitik or cold war politics? Is Jamaica at a point where we are being called upon to decide who are our friends and who are our enemies, and what is the role and responsibility of the citizens of Jamaica in all of this? Is the Golding administration undertaking a de facto referendum for us to choose between Uncle Sam or our son of the soil, Christopher 'Dudus' Coke?

As a citizen of Jamaica, I need to know if I have been involuntarily drafted for war with the United States. As a full and active supporter of the overthrow of the apartheid regime in South Africa, and an admirer of liberation struggles wherever they have taken place, I have no problem taking on a fight with the imperial powers. The problem I have, however, is that if I am called upon to fight a war, it must be for a righteous cause, and the matter of the extradition of Christopher Coke doesn't fit the bill.

What is extremely disturbing about this public boxing match between our country and the US is the fact that we have allowed the US to expose our underwear most shamefully. What is even more distressing is that all of us who live here have been largely silent about the state of corruption and the links between political parties and criminal elements. We did nothing to clean up our own house and as a result we have now left ourselves naked, to be scolded and ridiculed before the entire world.

The US Government's International Narcotics Control Strategy Report 2010 has painted a damning picture of Jamaica. Addressing the extradition standoff specifically, the report stated that &quot;Jamaica's processing of the extradition request has been subjected to unprecedented delays, unexplained disclosure of law-enforcement information to the press, and unfounded allegations questioning US compliance with the Mutual Legal Assistance Treaty and Jamaican law&quot;. The report claimed that &quot;while cooperation between the Government of Jamaica and United States law-enforcement agencies remained strong, delays in proceeding with the significant extradition request for a major alleged narcotics and firearms trafficker who is reported to have ties to the ruling Jamaica Labour Party, and subsequent delays in other extradition requests, have called into question Kingston's commitment to law-enforcement cooperation with the US&quot;.

The wider observations and conclusions in the report are equally embarrassing for the country. Labelling Jamaica as the Caribbean's largest supplier of marijuana to the United States as well as a trans-shipment point for cocaine entering South America, the US government criticised the Golding administration's handling of crime and corruption. This newspaper's story of March 2, &quot;Dudus' backlash&quot; quoted the US's report which stated that &quot;the government of Jamaica's ambitious anti-corruption and anti-crime legislative agendas announced in 2007 remain stalled in Parliament. Five anti-crime proposals under consideration as part of an extensive agenda to address the widespread crime challenges have yet to be debated in Parliament&quot;. It also noted that &quot;for the first time, corruption ranked first to crime and violence as the area of greatest concerns for Jamaicans. It remains the major barrier to improving counter-narcotics efforts&quot;. The report added that Jamaica's delay in processing the extradition request for Coke &quot;highlights the potential depth of corruption in the government&quot;.

So the Golding administration has pulled us all into a fight with America over the extradition of someone described as an alleged narcotics and gun trafficker and is essentially asking the people of Jamaica to choose. So who will it be: Jamaica, Uncle Sam or our own son of the soil?

With love,

[email protected]

[Dr.Dudd]

Re: Gov’t must fast track terror bill or lose funding

Gov’t must fast track terror bill or lose funding
Tuesday, 09 March 2010
The Bruce Golding administration is facing a race against time as it prepares to fast track emergency new anti-terrorism legislation through Parliament.

The government must bring the legislation to Parliament on Tuesday or face losing crucial bilateral loan support.

In a brief note issued to the Parliamentary Opposition, the government stated that the matter pertains to regulations under the Anti-Terrorism Act.

This will have to be dealt with urgently as it has implications for various policy based loans Jamaica is set to receive from its international development partners.

Drafts of the proposed legislation were due to be released Monday evening after getting Cabinet approval.

The government has admitted that while not much notice has been given to Parliamentarians the matter must be dealt with as soon as possible.

It has therefore sought full support and cooperation from the Opposition.

A People's National Party official said he was aware of the matter but declined to state how the Opposition intends to respond.

[Panajar]

Green cards seized

It is not clear whether the denial of entry to two Jamaican nationals with green cards when they landed in Ft Lauderdale, Florida, on Monday night was linked to the perceived retaliation by the US for the Jamaican government’s delay in extraditing Dudus. Both green cards were seized, in an action taken by Homeland Security, according to reports reaching the Sunday Herald.

One Jamaican voluntarily departed while the other was allegedly being held on the Maximum Security floor of the Dade County Jail, up to press time. This follows the revocation of the visa of chairman of the state-run Urban Development Corporation over a week ago, Wayne Chen.

INTERESTING

REST OF THE STORY

[jamaica_dreamin]

Re: Green cards seized

OMG!!

What the heck is going on???

[evanovitch]

Re: Green cards seized

<div class="ubbcode-block"><div class="ubbcode-header">Originally Posted By: jamaica_dreamin</div><div class="ubbcode-body">OMG!!

What the heck is going on??? </div></div>

there is a bill to have all 3/4 million current OLD green card holders to eida apply for citizenship r change to di new ones dat have di expiration ...it has been slowly n silently moving tru so if it go tru we will really see nuff bawling n gnashing of teets

[Dr.Dudd]

Re: Green cards seized

And when that happen, if they have criminal record, the green card will be cancelled, and they get DEP.<div class="ubbcode-block"><div class="ubbcode-header">Originally Posted By: evanovitch</div><div class="ubbcode-body"><div class="ubbcode-block"><div class="ubbcode-header">Originally Posted By: jamaica_dreamin</div><div class="ubbcode-body">OMG!!

What the heck is going on??? </div></div>

there is a bill to have all 3/4 million current OLD green card holders to eida apply for citizenship r change to di new ones dat have di expiration ...it has been slowly n silently moving tru so if it go tru we will really see nuff bawling n gnashing of teets </div></div>

[Gen]

Re: Green cards seized

suh much people still have the old one dem


<div class="ubbcode-block"><div class="ubbcode-header">Originally Posted By: evanovitch</div><div class="ubbcode-body"><div class="ubbcode-block"><div class="ubbcode-header">Originally Posted By: jamaica_dreamin</div><div class="ubbcode-body">OMG!!

What the heck is going on??? </div></div>

there is a bill to have all 3/4 million current OLD green card holders to eida apply for citizenship r change to di new ones dat have di expiration ...it has been slowly n silently moving tru so if it go tru we will really see nuff bawling n gnashing of teets </div></div>