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February 7, 2012
Dudus’ extradition needs opinion of Jamaica’s highest court PDF Print E-mail
Saturday, 13 March 2010 18:40

It was apparent from last August when the United States issued an extradition order for Christopher ‘Dudus’ Coke from Jamaica, and the government dithered at the request, that the issue would escalate into a major confrontation between the Jamaican Government and that of the U.S.

Not only has this developed and is threatening to damage relations between the superpower many Jamaicans have adopted as home and their homeland; it has escalated into a major row in Jamaica. But is this international and domestic row worth it, over one man, who is alleged to be no stranger to serious crimes?

Coke’s extradition comes under the Mutual Assistance Treaty which has been in existence between Jamaica and the U.S. since 1992, and under which several Jamaicans have been extradited to the U.S. without a row, until now.

Why is Coke’s extradition request making such a difference? A large percentage of Jamaicans are claiming that it is because Coke is a strong supporter of the ruling governing Jamaica Labor Party (JLP), and a major Don (informal community leader) in Tivoli Gardens – arguably Jamaica’s most prominent garrison community. Most importantly, Tivoli Gardens is in Prime Minister Bruce Golding’s West Kingston Constituency.

In Jamaica, with its widespread crime, there are likely to be criminal suspects in every constituency. But, the argument prevails that Coke is no ordinary alleged criminal. He is said to yield significant influence over all the other garrison communities, and if extradited, the repercussions against the Jamaican government, and Golding in particular, could be severe. So, the implication here is that Golding and his government are arrested by fear; fear to release Coke to the U.S. because of the possible repercussions or retaliation through an escalation of crime and destabilization of the Jamaican society.

But Golding denies this. He argues that the evidence brought forward as the basis for Coke’s extradition is unconstitutional, and he, as the leader of a sovereign nation, has the right to protect the constitution of it’s citizens. It could be a valid argument, but it is strange that the U.S., which has over the past 18 years been seeking the extradition of Jamaicans who perpetuated crimes against the U.S., is just now ignorant of the requirements of the Jamaican constitution.

The U.S. indictment against Coke said he “violated the narcotics laws of the United States” from 1994 through to about October 2007. Further, Coke, and his associates are accused contributing largely to the illegal drug and gun trade between Jamaican and the U.S.

Among the sources of evidence on which the U.S. based its indictment were telephone conversations U.S. authorities say were conducted between Coke and co-conspirators regarding the shipment of guns and narcotics.

Recently, in its annual International Narcotics Control Strategy Report, Washington questioned Kingston’s commitment to law enforcement co-operation and criticized the Golding administration for procrastinating on Coke’s extradition request. However, Golding defended his Government’s decision not to initiate the extradition process against Coke, arguing that the wire-tapping procedure used by the U.S. to obtain evidence against Coke violated the Jamaican constitution.

This finding, argued Golding, is that of Jamaica’s top attorney, Attorney General Dorothy Lightbourne. But, the Attorney General is a member of the JLP, and the Jamaican Cabinet, so her objectivity could be questioned. Interestingly, although Golding claims that he is not supporting “the wrong doing of any person” he acknowledges the political implication of his stance, saying that that even if he has to pay a “political price” for his decision, he is willing “to hold a position that constitutional rights do not begin at Liguanea,” (the location of the U.S. Embassy in Jamaica).

With this statement, Jamaicans fear that this standoff with the U.S. government could have serious implications for Jamaican/U.S. relations. There are fears that U.S. visas could be revoked; travel advisories could be issued advising Americans not to travel to Jamaica, and financial aid to Jamaica could be depleted.

However, this impasse cannot continue. It’s just not practical or realistic in the current global economic environment. It is time that Golding advances the legal issues surrounding Coke’s extradition to the highest court in Jamaica, for an objective decision by the country’s supreme justices. If the high court’s decision supports that of the Attorney General, then Jamaica has a sound legal case against the U.S. If not, alternately, there would be strong legal basis to extradite Coke.

The political implications surrounding Coke, Golding and the JLP is the basis for too many unhealthy allegations, innuendos and fears.


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Last Updated on Tuesday, 18 May 2010 16:48
 
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