Dudus defence homes in on five Jamaica laws
Published:Thursday | July 7, 2011 | 12:00 AM
Arthur Hall, Senior Staff Reporter
Attorneys representing alleged drug kingpin Christopher 'Dudus' Coke have told a United States court that they intend to rely on five Jamaican laws in their attempt to keep him out of an American prison.
Attorney-at-law Stephen H. Rosen on Tuesday filed a Notice of Reliance on Foreign Law in the US District Court for the Southern District of Florida where Coke is slated to be tried in September.
In the notice, Rosen indicated that he intends to rely on the Constitution of Jamaica Chapter III Section 22 (protection of freedom of expression); the Interception of Communications Act; the Commission of Enquiry Act; the Terrorism Prevention Act and extradition treaty between the Government of Jamaica and the government of the US.
Breach of constitutional rights
Rosen is arguing that Coke's constitutional rights were breached when Jamaican authorities shared the information they gathered through wiretaps with American law-enforcement agencies.
The attorney has already asked the court to rule that the Fifth Amendment of the US Constitution prevents prosecutors from using the wiretap information because it was acquired in breach of Coke's constitutional rights.
That matter is expected to be heard by the court starting next Tuesday, but the prosecutors have indicated that they are prepared to fight to ensure that the wiretap information is admitted in the trial.
According to the prosecutors, Coke is asking an American court to decide on a matter which should have been settled by a Jamaican court.
They argue that Coke did not use his option to go to a Jamaican court to challenge the sharing of the wiretap information before he was extradited.
The recording of Coke's telephone calls reportedly have him planning drug and gun deals and are expected to play a key part in the case against him.
Coke is facing the possibility of a long prison sentence if he is convicted on the charges of conspiracy to distribute ganja and cocaine and conspiracy to traffic illegal firearms.