'Dudus' rights were breached - Robinson

Gary Spaulding, Senior Gleaner Writer

Lackston Robsinson, the public servant described as the point man on extradition matters in the Solicitor General's office, yesterday told the Manatt-Dudus commission of enquiry that it was his opinion that the constitutional rights of former Tivoli Garden's strongman Christopher 'Dudus' Coke was beached in the attempt to extradite him to the United States.

Under cross-examination from Sherrian McGregor, the assistant of Hugh Small, the attorney representing Prime Minister Bruce Golding, Robinson, who is the head of the litigation department in the Attorney General's Department, contended that the data of the intercepted communication involving Coke were unlawfully obtained.

Robinson, who is also the deputy solicitor general, said he had expressed concerns about the quality of the evidence contained in the extradition request.

Robinson said Minister of Justice and Attorney General Dorothy Lightbourne's decision to ask the US for more information for the extradition of Coke was done in the aftermath of a meeting involving himself; Lightbourne and Solicitor General Douglas Leys.

He also suggested that the intercept evidence was in breach of the Interception of Communi-cations Act.

"I had concerns regarding intercepted communications," Robinson told the enquiry.

McGregor: "Are you satisfied then that the intercepted communications were illegally obtained?"

Robinson: "I was."

The deputy solicitor general he said he was not satisfied that the affidavits from the United States authorities would enable the minister to execute her professional responsibilities.

Not absolute

He said Section 22 of the Constitution speaks to the right of Jamaicans to private conversation.

"But that right is not absolute ... the act abridges that right with specific guidelines."

The deputy solicitor general said the act is breached if the procedures outlined in law to intercept the communications of the person involved are not followed.

"It also amounts to a breach of the person's constitutional right," declared Robinson.

He pointed out that only Commissioner of Police; the Officer of the Jamaica Constabulary Force in charge of internal security or national firearm's unit; Chief of Staff of the Jamaica Defence Force and Head of Military Intelligence Unit are empowered by the Supreme Court to have a person apply for communication intercepted.

Procedures

Robinson also noted that the order can only be issued by a judge of the Supreme Court.

He said the law also stipulates who the data should be disclosed to and that disclosure to any other person would be unlawful.

"The police officer who intercepted the call and shared it with the US authorities was in breach of the act," asserted Robinson.

Robinson said the wiretapping data should not have been shared with the US.

He argued that the Interception of Communication Act does not permit the sharing of information to overseas body.

Meanwhile, asked by Leonard Green, one of the attorney representing the People's National Party, whether Coke was wrongfully extradited, Robinson said "I am not saying that".

Robinson also said he had no knowledge of the involvement of Manatt, Phelps & Phillips' involvement when he went to the US to discuss the extradition matter on behalf of the Jamaican Government.

Robinson had been au fait with certain correspondence between the Attorney General's Department and the US law firm as emails between the parties were copied to him.