Questionable Conduct: The Jamaican Political Reality

The Tivoli COE was mandated to have its public hearings conducted within a 3-month time period. The Commissioners exceeded this time span and did so without seeking the appropriate extension from the Governor- General. Two concerns come readily to mind:  Having ignored the protocol, what is the legal status of the public hearings conducted after the stipulated time span had expired? and  What were the circumstances that accounted for the overrun and where such unforeseen and/or unavoidable ? i) We are not in a position to state definitively if the overrun has altered the legal status of the public hearings conducted after the stipulated 3-month. Having not sought or obtained the extension, then it would seem that an argument could be made that the public hearings conducted after the expiry of the mandate would have no legal standing. Hence, the Commissioners would be barred from taking into their consideration any evidence given after the expired date. Consequently...

The Terms Of Reference Of The West Kingston Commission of Enquiry mandates the enquiry into inter alia: “(n) whether there was any direct or indirect communication between the fugitive  Christopher “Dudus” Coke, and any Jamaican Government Official (or Officials) or  any agent thereof, during the period between when the Request for Extradition was  first communicated to the Jamaican Government or any of its agents or officials  and when the fugitive Christopher “Dudus” Coke was arrested;  and if so, by which  Officials and or agents thereof, the nature of any or all such communications, by  what means and for what purposes.” No evidence has been adduced before the COE from which the inference could be made that any official of the Government of Jamaica directly or indirectly contacted Christopher “Dudus” Coke regarding the imminent request for his extradition. ( See our Tivoli COE: Who tipped off Dudus? ) Both the then Minister of National...

Christopher “Dudus” Coke was captured on June 22, 2010. The public was given scarcely any details on the operation. The published photograph of Coke wearing a female wig —the camouflage Coke was alleged to having been wearing in the company of Reverend Al Miller,drew substantial public (derisive?) commentary. The testimony of CDS, Major General Stewart Saunders before the Western Kingston Commission of Enquiry on June 23, 2015 gives some insight into the capture: Intelligence reports had placed Coke in St Ann and a number of operations had been launched to capture him. The reports were unable to verify his exact location. On June 22,2010 Coke left St. Ann. Intelligence resources picked up Coke somewhere in the region of Ewarton, Bog Walk entering the Gorge. Reports also indicated that Coke was in the company of Rev. Al Miller and that he was on his way to the US Embassy in Kingston. Interestingly, it was the Chairman himself who examined the Major General on the circumstances...

From the evidence adduced at the Western Kingston Commission of Enquiry there was no joint Police-Military operation in May 2010 with the prime purpose of executing the arrest warrant for Christopher “Dudus” Coke. Officially, the warrant for the arrest of Coke was the remit of the Jamaica Constabulary Force (JCF). However, given the very limited capabilities of the JCF, the assistance of the Jamaica Defence (JDF) was critical to any such operation, even more so given the influence and resources of the Don in question. So in all operations even a token presence of a member of the JCF was mandatory outside of a declared state of emergency. In the latter case the army is given overwhelming police powers, chief among which is the power to arrest. Hence under a declared state of emergency army units need not have a member of the JCF present. It is against this background that the operation to capture Coke must be assessed. • The surveillance party was composed of resources from t...