Coke request was unusual, says Lightbourne

Gary Spaulding, Senior Gleaner Writer

Minister of Justice and Attorney General Dorothy Lightbourne yesterday characterised as most unusual the extradition request for accused drug kingpin Christopher 'Dudus' Coke.

"I have never seen another extradition request like this," Lightbourne declared, at the prompting of Hugh Small, the attorney representing Prime Minister Bruce Golding at the Manatt-Dudus commission of enquiry.

Lightbourne said it was the first time in her experience that she had seen wiretap data from Jamaica being used as evidence in an extradition request.

"Prior to this, all interceptions were done abroad," Lightbourne told commission. "This interception was unusual ... . It was done in Jamaica, so it had to be done in conformity with Jamaican laws."

Lightbourne also suggested that the United States was ignorant of local statutes governing this issue.

"The US knew nothing about the Interception of Communications Act. All the US was relying on were the memoranda of understanding (MOUs)," she declared.

But she said the US, including chargé d'affaires of the United States Embassy, Isiah Parnell, refused to listen.

"I was hoping that we would sit as two sovereign states and work it through," said Lightbourne. "I had hoped that they would withdraw the offending tapes, withdraw the wiretaps, and provide new evidence."

Lightbourne said another novelty for her was having to deal with officials from the Jamaica Defence Force (JDF). "It is the first time that I had to deal with the JDF in extradition matters."

Spoke with cole

There are contending arguments as to whether Lightbourne actually spoke with JDF legal officer Lieutenant Colonel Patrick Cole about the extradition request.

Lightbourne asserted that she spoke with Cole during a telephone conversation from the office of acting Director of Public Prosecutions (DPP) Lisa Palmer Hamilton.

Cole and Palmer Hamilton have said no such conversation took place.

It was also the first time in her experience, according to Lightbourne, that she heard about the extradition request from persons before the authenticated documents were in her hand.

The attorney general asserted that having received advice from Solicitor General Douglas Leys and his deputy, Lackston Robinson, she conveyed the information to the prime minister.

Lightbourne dismissed claims by Leys that he had spoken with her about the US law firm Manatt, Phelps & Phillips. "I was never informed about Manatt, Phelps & Phillips. The name never came to my attention until Phillips raised the issue in Parliament."

She reiterated that events overtook her as the parliamentary Opposition, the Church and private sector and other influential civil-society organisations sparked a public outcry which was likely to precipitate into turmoil, forcing her to sign the authority to proceed.

Lightbourne said that having been bolstered by the constitutional provisions on public interest, she advised Cabinet and the prime minister of her decision in May 2010.

"I acted in the public interest. The rights of one person could not be discounted for the greater rights of the larger public," she said.

"I would have dealt with any other person in the same way," Lightbourne said in response to Small's queries. "I did not want to set a precedent (with the Coke case)."

Patrick Atkinson, the attorney representing former Minister of National Security, Dr Peter Phillips, was not amused when Small asked Lightbourne whether the US accorded the same constitutional weight to foreigners as it does to its nationals.

Lightbourne asserted that the United States only protects the rights of its citizens.

Atkinson contended that Small's question was incorrect, arguing that it has no foundation.

"For her to be asked a question for which she has no expertise, the question is patently incorrect."

But the chairman overruled the objection, setting up a verbal exchange between himself and K.D. Knight, the attorney representing the People's National Party.

gary.spaulding@gleanerjm.com