Lightbourne's parting shot

Ex-attorney general defends extradition pushback

Criticises assertion of Manatt commissioners

Former Justice Minister and Attorney General Dorothy Lightbourne gives her take on issues surrounding the 'Dudus' extradition and her recent removal from the Cabinet.

How would you assess your handling of the Dudus extradition?

I have not spoken or had any dealings with Mr Christopher Coke.

I considered it my duty - based on the advice received from the solicitor general, deputy solicitor general and an opinion from Dr Lloyd Barnett, eminent constitutional lawyer, and views published by Ms Jacqueline Samuels-Brown, the president of the Jamaican Bar Association - to ensure that the request complied with the statutory provisions of the act, and that Mr Coke's rights as a Jamaican citizen were protected.

The act provides, inter alia, that the request be supported by evidence:

(a) Sufficient to raise a reasonable suspicion of guilt Section 8(2); and

(b) That I should not issue the authority to proceed unless satisfied that an order for Mr Coke's extradition could lawfully be made, or would, on the facts supplied, be made in accordance with the provisions of the act.

The commissioners ignored (b) (supra) and held that the only test necessary was evidence which raised a "sufficient suspicion of guilt". in short, there should be an automatic reference to the court of any alleged breaches of the law or constitution, accordingly, I should have signed the authority to proceed promptly (S8(3)).

The commissioners' decision, respectfully, ignores the fact that:

(a) Extradition is essentially an executive decision - the minister may refuse to extradite even in the face of an order of the court (S12).

(b) Section 8(3) requires the application of a prima facie test (Section 10) since signing the authority to proceed results in the immediate incarceration of the citizen, in particular one whose constitutional rights have been breached.

(c) The request may have been refused simply on the grounds that Mr Coke is a Jamaican citizen S7(5); and

(d) The express provision that the request must be refused if it "contravenes the provisions of the Constitution ... or other essential public interests in Jamaica". Section 7(e) of the act; Section 15(j) and 16(i)(a)(i) The Mutual Assistance (Criminal Matters) Act.

I submit, respectfully, that the commissioners' conclusion that, as minister of justice, I should have signed the authority to proceed promptly is untenable: such an act would have had the effect of sending a Jamaican citizen whose constitutional rights had been breached immediately to prison, and there could have been no possible justification for this.

There is still a perception that you acted according to the PM's instruction, and not independently. What say you?

The decision to extradite required the exercise of my executive discretion. I repeat, for the record, that at no time did the prime minister give me any directions as to how my discretion should be exercised.

Do you feel scapegoated?

There was considerable clamour for my removal based on my alleged delay in handling Mr Coke's extradition. There was also a perception of non-performance by the ministry. The allegation of delay remains unsubstantiated and the perception of non-performance does not accord with the reality.

Nevertheless, given the strident calls for my removal, the PM no doubt considered it politic, in all the circumstances, to heed the call.

On the subject of non-performance, it is necessary, for the record, to disabuse persons of that notion.

Some of the notable achievements of the ministry are:

(1) Courts - Increase in the number of judges in the Supreme Court and Court of Appeal.

(2) Acquisition of NCB bank and construction now taking place to provide seven additional courtrooms, judges' chambers and other offices - the start of implementing the Justice Square concept.

(3) Configuration of caucus rooms at the Jamaica Conference Centre to provide three additional courtrooms for the Supreme Court.

(4) The provision of new courts in Port Antonio and Lucea, and work is scheduled to begin in Morant Bay.

(5) Introduction of computerisation in the Supreme Court and Court of Appeal - evidence is now being recorded in real time. Websites have been developed for the Supreme Court and Court of Appeal and provision is being made for the DPP's office.

(6) Introduction of a court-management system to give the chief justice more autonomy in administering the courts.

(7) Establishment as a pilot project of criminal justice parish boards, development of restorative and community justice tribunals to assist in reducing the backlog of cases.

Legislation:

Charter of Rights bills, the Sexual Offences Act, the Child Pornography (Prevention) Act, INDECOM Act, Special Prosecutor Act, Special Coroner's Act as well as the Child Diversion Policy, the Children-in-Court Programme.

Would you have taken the same course of action regarding the extradition?

Yes.

Do you feel vindicated by the Manatt report?

Yes, on the constitutional issues, but submit that they erred for reasons stated at (b) supra in concluding that I should have signed the notice promptly.

The options available, given the unconstitutionality of the request, were to refuse the request or urge the US to support the request with evidence which was legally acceptable. I chose the latter.

Do the latest events mark the twilight of your political career, or do you still see yourself as having a major role to play politically?

I will continue to serve and make my contributions in the Senate, as I have done for most of my political career.

My removal from the Cabinet was the prime minister's decision, and it must be respected.