Questionable Conduct: The Jamaican Political Reality

The Tivoli Commission of Enquiry has been informed by both the then Minister of National Security, Dwight Nelson, and the then Commissioner of Police, Owen Ellington, that the security forces had no idea how, if and when the fugitive Christopher "Dudus" Coke escaped the dragnet imposed on Tivoli Gardens in May 2010. Nelson too admits the there are a number of theories ; but he does not believe that the security forces "know for a fact" how Dudus managed to evade capture. Theories:  Coke never left  Tivoli Gardens during the military- police incursion; Coke escaped via tunnels constructed as waste water drains -- exiting at a gully in Hannah Town; Coke escaped on land disguised as a female.   ET #1: This seems very unlikely given the intensity of the searches conducted by the security forces. Indeed if Coke had remained undiscovered during the military-police operation, then there would be no need to risk being discovered by venturing outside of his '

The issue of the sufficiency, or otherwise, of the supporting evidence  accompanying the formal extradition request for Christopher "Dudus" Coke resurfaced during the cross-examination of Miss Dorothy Lightbourne at the Tivoli Commission of Enquiry. The focus was on the "other evidence"--ie that excluding the contested wire tape evidence. Dorothy Lightbourne, the former Attorney- General and Minister of Justice, has been consistent in maintaining that the evidence other than that pertaining to the wire taps was insufficient to establish a prima facie case. Nevertheless she signed the authority to proceed without a sufficient evidentiary basis. In the Manatt Enquiry, the following exchanges took place on Friday, March 11, 2011 between Mr. K.D. Knight and Miss Lightbourne: Q:   ..... Miss Lightbourne you had some reservations about the wire tap evidence that had been supplied by the US government, is that correct? A:  That is correct. Q:   If you exclude t

The testimony of former Prime Minister and Minister of Defence, Orette Bruce Golding and former Minister of National Security, Dwight Nelson have raised concerns about the veracity of statements concerning the Jamaica Defence Force (JCF) and Jamaica Constabulary Force (JCF)  joint operations in Tivoli Gardens (TG) in May 2010. The former PM was concerned about the accuracy of the deaths reported to him by the security forces and particularly the reports by the JDF . He had received telephone calls from residents of TG complaining about extreme abuse being perpetrated by the security forces resulting in a number of fatalities. Golding sent a team including the Public Defender, Earl Witter, to ascertain the true position and even enquired of the US Embassy if there was any information on the carnage that had purportedly been taking place. In short, the Prime Minister and Minister of Defence had reason to query the information being relayed to him by the Heads of the security forces

We have stated that Christopher Tufton  was not "too bright" to have a place in the JLP Council of Spokespersons as a main spokesman with very substantial shadow portfolio responsibility.Dr. Christopher Tufton had ran afoul of  Mr. Andrew Holness in the leadership challenge by Audley Shaw et al ostensibly for comments made on the campaign platform about disliking the company of "bright" people. Background: Tufton, a former close National Democratic Movement associate of Bruce Golding, was tipped by some to be Golding's successor as JLP Leader. However, Holness was anointed and appointed. Moreover scholarly Chris has lost his seat in the General Elections was seated in the Senate and  employed as Co- Director of a University "think-tank". Tufton, along with others being nominated by the Opposition Leader to be appointed to the Senate by the Governor- General, signed the undated resignation letters which purported to effect resignation "with i

The reports that unconstitutionally ousted Senators Williams and Tufton (The Two) intend to resume their seats in the Upper House has raised questions of the strategies will the JLP adopt to (i) curtail further embarrassment, (ii) restore public confidence that it should be perceived as a credible alternate government, and (ii) reaffirm its commitment to the Rule of Law and the paramountcy of the Constitution of Jamaica. It is of little or no political moment if the Senators merely resume their seats , likely with the enthusiastic applause of the Government Members and the grimace of  the other Opposition members--minus Reid and Clarke . The media will be there to record "live and direct" the historic occasion. Political script writers would not allow such a presentation devoid of political staging. The event presents a glorious opportunity for the JLP to launch a recasting of its brand. Hence the crafting of a Political Ploy Play:                                    

Embroiled in a political quagmire largely of its own making, the Jamaica Labour Party (JLP)  has once again shot itself; this time not in the foot , but in the upper reaches of its political groin. Although injured it requires substantial amounts of testicular fortitude for it to surmount the challenges on the rocky road to an election victory. There is need for a concerted attempt at establishing  a degree of party unity needed to convince the electorate that is it is credible alternate government . In sum, given the chance a JLP administration would be faithful to our Constitution, adhere to  the Rule of Law, and act with transparency, integrity and accountability in endeavours to improve the lot of the Jamaican people. We would suggest that any strategy adopted by the JLP must be designed to  re-establishing  (a) the paramountcy of the Constitution,  (b) the adherence to the Rule Of Law and (c)  public confidence and trust in Andrew Holness as JLP Leader.  Clearly a public w

The public debate has focussed primarily on the declaratory order of the Constitutional Court that the Leader of the Opposition has acted contrary to the Constitution, contrary to public policy, and unlawfully.The Leader of Her Majesty's Loyal Opposition is an office that is recognised by the Constitution of Jamaica. Indeed some would argue that it is a creature of the Constitution.   Not JLP Leader : Note that the Leader of the Opposition is not synonymous with the head of the political party that  forms the minority in the House. In Jamaica's political history, the Leader  of the Opposition has been someone other than the head of the respective political party. This is due to the fact that  (i) the Constitution does not recognize political parties and (ii)  the head of political party that the majority of the members not supporting the Government did not have a seat in the Lower House at that point in time. There should maybe some confusion between the Leader of the Oppo

The Constitutional Court of Jamaica  has declared: "(1) That the request for and procurement of pre-signed and undated letters of resignation and letters of authorization by the Leader of the Opposition from persons to be appointed or appointed Senators to the Senate of Jamaica upon his nomination is inconsistent with the Constitution, contrary to public policy, unlawful, and is , accordingly, null and void. (2) That the pre-signed and undated letters of resignation and letters of authorization, as well as the manner of their use to effect the resignation of Senators ( the claimant, in particular ) from the Senate of Jamaica, are inconsistent with the Constitution, contrary to public policy and are, accordingly, null and void." [para 234] So the Leader of Her Majesty's Loyal Opposition--a constitutionally recognized position-- has been found by the Supreme Court to have acted unconstitutionally, contrary to public policy, and unlawfully. That has profound implicat

The  Constitution recognises only one member  of those not supporting the Government. That individual is designated as  "Leader of Her Majesty's Loyal Opposition". As such he/she is a creature of the Constitution of Jamaica and is sworn to uphold that fundamental document in pursuit of certain specified functions . The Supreme Court of Jamaica has found in a unanimous declaratory order that Andrew Holness has acted  a) inconsistent with the Constitution,  b) contrary to public policy, and  c) unlawfully.  That would not be of national importance if Andrew Holness was an ordinary member of the public, even a John Doe. It would only attract the  cursory  interest if he was only an Opposition Member of Parliament. But Andrew Holness is the Leader of Her Majesty's Loyal Opposition . Interesting Questions: Can he maintain that lofty and constitutionally important position if those findings are allowed to stand?  Are those findings by a court of la

Questions Nobody Asked: Lewin What exactly was the response of the Minister of National Security to the information you relayed? You said on CVM TV words to the effect that the Minister "turned white". Could you please elaborate? How long did you observe that change in pigmentation? Did the Minister do or say anything during the duration of the shade change? How did you react when you observe these Ministerial changes? How did the Chief of Staff react? Did the Chief of Staff relay any information to the Minister during that meeting? Did the Minister of National Security say anything to the Chief of Staff? You have said that the Minister took about ten minutes to locate the PM by phone, did this seem unusual to you? Did the Minister indicate that he was experiencing a difficulty in making telephone contact with the PM? Can you say, with any degree of certainty, that the Minister of National Security only spoke to the PM via telephone in your presence? Can y

There was some amount of reluctance to probe Rear Admiral Hardley Lewin when he appeared before the Manatt Commission of Enquiry. Probably the TOR did not entertain exploration of the strategies considered by the Jamaica Constabulary Force (JCF) to arrest Christopher "Dudus " Coke and contain the expected public protest consequent on his detention and likely extradition to the USA. The Tivoli Commission of Enquiry has no such limitation. There is no doubt that the alerting of Prezi occasioned his immediate retreat from his abode in Plantation Heights to the 'safe' haven of Tivoli Gardens. It is more than likely the notice also heightened preparations to 'defend' the Don . Such  would have involved mobilizing armed combatants and barricading strategic geographical positions. The Tivoli COE needs to explore if the JCF, headed by Rear Admiral Hardley Lewin, considered the option of 'capturing' Coke at his abode in Plantain Heights or in transit to T

There is the view that had the fugitive Christopher "Dudus " Coke been apprehended outside of his 'safe' haven of Tivoli Gardens, there would not have been a rationale for the military exercise--ostensibly the capture one wanted man. It was the concern of the security forces that the capture of Coke, wherever, would have elicited some public protest by residents of TG and supporters of the "Prezi", given his empire and influence. There is no doubt that the notice given to Coke facilitated the fortification of TG and the mobilization of  armed combatants aimed at defending the Don. The Tivoli  Commission of Enquiry (COE) in its attempt to explore the  strategies employed by the security forces will have to explore the options that were considered, based on the information available at the time. If Coke had been prevented from retreating to that garrison outpost and the security forces had only to deal with the expected public protest, would the resultant

Rumour, speculation, gossip and vibes surround the identity of the person(s) who would have tipped off Christopher "Dudus" Coke that an official request had been issued for his extradition to the USA. Coke was reputed to have lots of connections--political and otherwise. His influence within and outside of Tivoli  Gardens (TG)was  said to be substantial. What would be the purpose of anyone alerting "Prezi" that his arrest and extradition to the USA was imminent? Was it expected that the Don would just fade away into the cockpit country ; or migrate using some illicit maritime carrier to some Latin American haven? Was the alert primarily aimed at Coke retreating to his safe haven of TG and thereby provide the security forces the rationale for mounting a comprehensive military operation to "discipline" the "mother of all garrisons" -- a designation given by Rear Admiral Hardley Lewin, then Commissioner of Police? Which individuals were privy

One of the most intriguing issues surrounding the Tivoli military incursion/siege of May 2010 was the alerting of Christopher "Dudus" Coke  to (i) the handing down of the indictment, and (ii) the pending  request for his extradition. The intrigue is compounded by the security forces finding "a copy of the authenticated document with the Coke request" in the Tivoli Gardens head office of "Prezi".                                              The Shaggy Defence The Prime Minster Bruce Golding has denied the suggestion that he had tipped off Dudus; or had any knowledge as to how those documents got to Prezi HQ . Now it would be very careless, even reckless, for any government official to personally converse with Christopher Coke during the time that Coke was being "monitored" by both the local security forces and the US security agencies. Telephone calls were being monitored. Proxies and convenient conduits had to be utilized.  It would be