Questionable Conduct: The Jamaican Political Reality

The alerting of Christopher "Dudus" Coke to the imminent extradition request by the United States has featured in two COE; firstly in the Manatt COE and now the Tivoli COE. Regrettably, not much light has been shed, even though Manatt COE generated much heat on the topic. The Tivoli COE  failed to further the investigation and therefore added nothing to the pool of information already in the public space. Garnett Roper writing in The Gleaner, Sunday, August 14, 2016 noted that there is no mechanism to hold those of the political class accountable for abuse of power, bad governance and "announcements that tipped off Coke so that Tivoli could be armed and barricaded and 300 gunmen recruited to declare war on the Jamaican state". The "tipping off" formed the basis of ToR (N) and ToR (O) and was disposed of in Chapter 12.[See our posts: Tivoli COE: Diddly Squat (1) and Tivoli COE: Diddly Squat (2) ] Nevertheless, there is a rather curious treatment of th...

Part 2 of Chapter 12  of the Report has not done diddly squat to clarify "whether copies of affidavits and other confidential supporting documents attached to or related to the request for extradition of Christopher Coke were found in coke's offices, and the circumstances under which and purposes for which those documents came to be there." ToR (O) The evidence is that a copy of what appeared to be Extradition papers ( in a rolled up state) was found by a member of the Engineers, JDF, and handed over to a police officer who has since emigrated  after resigning from the JCF.   The said papers could not be found. The finding JDF officer could not identify the contents of the papers which were found in a drawer. " It said something like " The Federal Grand Jury of New York" and Coke's name was mentioned.. I recall the papers had been rolled up. We had to unroll it...    It may have been more than one sheet."   Findings 12.29 "Neverthel...

Chapter 12 of the Report of the Western Kinston Commission of Enquiry is a complete waste of time and added nothing to the pool of information already in the public space. Simply put, it is "diddly squat". Chapter 12 purports to address (i) the issue of any communication between any official of the GOJ and Christopher Coke during the period 24 August 2009 to June 2010; and (ii) matters concerning the search for and discovery of documents at Coke's offices by the security forces. See our post " Tivoli COE: Diddly Squat (2)"                                     GOJ Officials Communicating with Coke " 12.15   On the evidence adduced to the Commission of Enquiry ,we find that there was no direct communication during the period 24 August 2009 and May 2010 between Christopher Coke and any official of the Government of Jamaica. The evidence of Coke being "tipped off" on 24 August 2009 after the H...

The Commissioners have in their report highlighted the glaring fact that the enquiry was severely hampered by the absence of pertinent reports from the intelligence units of the security forces which were operative during the May 2010 debacle. Chapter 13 : "The circumstances under which the fugitive Christopher "Dudus" Coke managed to elude arrest during and after the operation by the security forces of Jamaica in Tivoli Gardens and related areas in May 2010, and the circumstances of his capture," ToR (P) made the telling admission in its Introduction "31.1   The sources of information and evidential foundations of this Chapter are largely based on testimony of members of the security forces. We received no direct evidence from the Heads of Intelligence units or any self-acknowledged Intelligence units or analysts except for DCP Hinds . However, we were provided with opinions or assessments, formed by officers in light of the Intelligence reports supplied t...

The Report of The West Kingston Commission of Enquiry 2016 has been made public. There has been widespread discussion in the public space as to the value-added of this enquiry. The Gleaner, July 12,2016 reported that " The Government has put the full cost of the enquiry about $450.8m" . The cost of 'high-powered" lawyers representing state agencies has gained   notorious attention . The Commission invited members of the public to submit proposals which would be taken into consideration in its Report. A list of the persons who submitted Memoranda of Recommendations is published in Appendix 4. It would have been useful if the public was afforded easy access to such memoranda which may, or may not, have found favour with the Commissioners. Below is mine which was submitted on January 6, 2016:                                       Subject: Proposed Recommendations from the Publ...

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...