Consultant Adviser to the Permanent Secretary in the Ministry of Justice, Marcia Beverley, listens to questions from attorneys at the Commission of Enquiry into the handling of the extradition of Christopher “Dudus” Coke on Monday March 22, at the Jamaica Conference Centre, downtown Kingston.

KINGSTON – Consultant Adviser to the Permanent Secretary in the Ministry of Justice, Marcia Beverley, was called back to the witness chair as the Commission of Enquiry into the extradition of Christopher “Dudus” Coke continued at the Jamaica Conference Centre, downtown Kingston on Tuesday March 22).

Under cross examination by Attorney-at-Law, Lord Anthony Gifford, who is representing the Office of the Director of Public Prosecution (DPP), Mrs. Beverley testified that a book that is used to record the signatures of persons entrusted with extradition documents to take to the DPP’s office has been missing.

“I don’t have the book at present. I don’t know where the book has disappeared to,” she told the Commission.

“When did that book disappear, Mrs. Beverley? Which month and which year was that?” questioned Lord Gifford. “Just after the threat of the hurricane…last year…around August, when we moved the documents. When I looked for it, it was not there anymore,” she told the Commission.

“Have you appreciated, Mrs. Beverley, that the contents of that book, in so far as they relate to the Christopher Coke extradition, may be of importance to this Commission?” the Attorney-at-Law further questioned. “Yes,” Mrs. Beverley answered.

She then told the Commission that she has searched for the book, but has not been able to find it.

Lord Gifford then submitted to Chairman of the Commission, Emil George Q.C., that he instruct his secretary to call the Permanent Secretary in the Ministry of Justice and ask that the book is produced and handed over to the Commission. Mr. George agreed.

In the meantime, Lord Gifford further suggested to Mrs. Beverley that her recollection of the events of August 25, 2009 might be faulty.

Mrs. Beverley previously testified that Deputy DPP Jeremy Taylor visited her office on the day in question, accompanied by a police officer with the extradition documents. She said that after they left, the police officer returned without Mr. Taylor, at which point he was handed the documents. After receiving the documents, the officer signed the book customarily provided for that purpose.

Lord Gifford suggested that it was Mr. Taylor who signed for the documents, but Mrs. Beverley denied this, maintaining that it was the police officer who signed for the documents. She said Mr. Taylor returned to her office after the officer had left with the documents. He brought with him a letter to which was attached an authority to proceed.

By ATHALIAH REYNOLDS, JIS Reporter

Prime Minister the Hon Bruce Golding

KINGSTON — Prime Minister, the Hon Bruce Golding, faced his final day of cross-examination on Friday (April 1), as the curtain started descending on the Commission of Enquiry into the extradition of Christopher Coke, at the Jamaica Conference Centre, downtown Kingston.

Cross examined by attorney-at-law, Patrick Atkinson, representing former National Security Minister, Dr. Peter Phillips, the Prime Minister said that he was informed of the impending extradition request in October 29, 2007.

Mr. Golding said he received a call from the then United States’ Ambassador to Jamaica, who told him of that country’s plans to issue extradition papers for Coke.

“The Ambassador told me that the indictment had already been handed down by a Court in New York,” he said. Mr. Golding later told Mr. Atkinson that he could not say how Mr. Coke learned about the impending extradition request.

Reading from what, he said, were documents submitted to the Commission as evidence by the Minister of Justice, Senator Dorothy Lightbourne, Mr. Atkinson told the Commission that Coke had informed an unnamed witness in October, 2007, via telephone, that he was told of the impending request.

“Mr. Chairman, I cannot speak to what was read,” said the Prime Minister to Commission Chairman, Emil George Q.C. in reference to the documents.  “I’ve never actually seen that document. I don’t know who that conversation was being held with. I don’t know what the source of that information is.”

The Prime Minister told the Commission that, for him to sufficiently answer questions pertaining to the source of evidence, it would have to be established when the indictment was handed down, who might have known about it and when might have that information been communicated to Mr. Coke.

“It could well have been communicated to him before the 29^th of October, if that is what that (the document) is purporting to say,” he argued.

Attorney representing the Prime Minister, Hugh Small, however objected to the relevance of the line of questioning, arguing that they served no useful purpose, as not even the identity of the cooperating witness was known. He said that the telephone conversation came from documents the Justice Minister placed in evidence, because they formed part of the request for extradition.

“It’s not that she found these documents and said ‘these may be relevant’. It’s the United States of America Government who submitted the application request for extradition, using the affidavit of an unknown person,” Mr. Small argued.

The chairman later asked Mr. Atkinson what suggestion was to be drawn from his line of questioning.

“I’m making no suggestion,” Mr. Atkinson replied. “I put it to the witness and merely asked if this is a coincidence or not.”

The Prime Minister was also cross examined by attorneys-at-law Dr. Adolph Edwards, Lt. Colonel Linton Gordon and Patrick Bailey, following which the Commission was adjourned until next Friday (April 8).

At that time the Commission chairman will decide on a time for lawyers to present their final arguments. The Commissioners will submit their final report on or before May 16.

By ATHALIAH REYNOLDS, JIS Reporter

Chairman, Commissioner of Enquiry into the extradition of Christopher Coke, Queen’s Counsel Emil George (centre), co-Commissioners, Hon. Anthony Irons (left) and Donald Scharschmidt.

KINGSTON — There will be no further sitting of the Commission of Enquiry into the handling of the extradition request for Christopher ‘Dudus’ Coke, according to a Spokesperson from the Commission’s Secretariat.

After 44 days of testimony, the Enquiry, which was held at the Jamaica Conference Centre, downtown Kingston, was adjourned on Friday, April 1, with a resumption date set for April 8, in the event that there were additional witnesses to be called.

However, the Spokesperson from the Secretariat told JIS News, today April 7, that the Commission of Enquiry will have no further sitting. It is expected that Commissioners, Hon. Emil George, Q.C., Anthony Irons and Donald Scharschmidt, Q.C., will submit their final report on or before May 16.

Although  there  were 44 days of testimony, the Commissioners actually met for 45 days, as they held their first meeting on December 6, 2010.

The Commission of Enquiry, which was broadcast live on television and streamed on the internet saw testimonies from a number of prominent figures, including Prime Minister, Hon. Bruce Golding; Attorney General and Justice Minister, Senator the Hon. Dorothy Lightbourne; Minister of National Security, Senator the Hon. Dwight Nelson; Minister with responsibility for Information, Telecommunications and Special Projects, Hon. Daryl Vaz; Minister of Industry, Investment and Commerce, Hon. Karl Samuda;  former  Minister of State in the Ministry of Foreign Affairs and Foreign Trade, Dr. Ronald Robinson; former Commissioner of  Police, Hardley Lewin;  former Chief of Defence Staff, Stewart Saunders; Solicitor General, Douglas Leys, and Permanent Secretary in the Ministry of Foreign Affairs and Foreign Trade, Ambassador Evadne Coye.

The Commission was established by Prime Minister, Hon. Bruce Golding last October to enquire into the issues relating to the extradition request by the Government of the United States for Christopher Coke, as well as the hiring of the U.S. law firm, Manatt, Phelps and Phillips.

By ATHALIAH REYNOLDS, JIS Reporter

Prime Minister, Hon. Bruce Golding responds to questions at the Commission of Enquiry into the handling of the extradition request for Christopher “Dudus” Coke at the Jamaica Conference Centre downtown, Kingston on Thursday March 31.

KINGSTON – Prime Minister, the Hon. Bruce Golding, says he will be seeking a meeting with the United States Government to discuss the provisions of the extradition treaty between the two countries, as soon as the Commission of Enquiry into the extradition of Christopher Coke is completed.

He said dialogue between the two countries was essential, to ensure that the rights of Jamaicans and the provisions of the Constitution are observed.

The Prime Minister made the statement while being cross examined by People’s National Party (PNP) lead attorney, K.D. Knight, on Thursday March 31, as the enquiry continued at the Jamaica Conference Centre, downtown, Kingston.

Mr. Golding said that he believed the rights of Jamaicans must be protected, and that all countries, including the US, must understand that his Government will be strident in the defence of the laws and Constitution of Jamaica.

“Similar to the extradition treaty that they (US) have with Ireland, which says that all of what is done under this treaty is subject to the laws of Ireland, we have to make sure that the same protection is provided for the citizens of Jamaica,” he argued.

Mr. Golding also testified that he believed there were striking similarities between the Christopher Coke’s extradition request, and the 1989 case of Richard “Storyteller” Morrison,

Morrison, a close associate of Coke’s father, Lester Lloyd Coke, was extradited to South Florida, where he was accused of being a leader of the Shower Posse, while he was seeking leave to appeal the extradition orders at the Judicial Committee of the Privy Council of the United Kingdom. He was eventually tried on charges separate from those for which his extradition was requested. Mr. Knight was the Minister of National Security and Justice at the time.

Mr. Golding argued that despite the many similarities in the two cases, the Government at the time did not have to wrestle as much as he was forced to, based on the simple fact that Morrison was not a member of the PNP.

“I wrestled with this potential conflict, Mr. Chairman, the way in which the Government of the day and the Minister of the day did not have to wrestle in 1990 in the case of Richard Morrison,” he stated.

“There are so many similarities between that case and this case. For example the request for the extradition of Richard “Storyteller” Morrison was received by diplomatic note on the 31^st of October 1989. The authority to proceed was not signed until 12^th of July 1990, nine months after the request was received,” Mr. Golding said.

The extradition request for Coke was received by diplomatic note in August 2009, however the authority to proceed was not signed until May the following year.

Mr. Golding acknowledged, however,  that “the Government of the day”  was not unwilling to say to the Government of the United States “you have done wrong and we want an assurance that that wrong will not be repeated,” in the case of Mr. Morrison..

The Prime Minister testified that he was facing much difficulty in understanding the extent to which different considerations and different standards are now being applied, in the case of Coke.

“We can argue about the way in which my Government may have gone about it but, in that case, the Government of the day stood up for the rights of Jamaican citizens,” he told the Commission.

By ATHALIAH REYNOLDS, JIS Reporter