JO - The perils of gathering clean evidence

From my archive of press clippings:

Jamaica Observer

The perils of gathering clean evidence

Mark Wignall

Thursday, March 11, 2010

COLLEAGUE columnist Ken Chaplin's excellent Tuesday column, "Dudus, US Govt, interception of information", in explaining that Prime Minister Golding was acting on solid ground in refusing the extradition based on evidence gathered through a breach of Dudus's constitutional right -- his phone was tapped without the required judicial authorisation -- wrote, "The law... requires that for intercepted communication to be admissible in any criminal proceedings, it must have been obtained, disclosed and used in accordance with the provisions of the Act. Golding said that this was not done."

Read the whole column here.

Snippet(s):

"
To me, one part of the problem that has cropped up with the understanding of the extradition treaty is, which parts of it are, prior to granting an extradition request, legally determinable in Jamaica and by what process? On the other side, which conditions of the treaty is it that empowers the Americans the right to render us speechless, that is, we must just sign and give up the person without further ado?

I have never been one of those who believe that the prime minister should never have involved himself in the delicate matter of the Dudus extradition request. Hell, whether the prime minister wanted to or not, he was involved."

"Of the 26 extradition requests received since he became prime minister, he has had no occasion (except for Dudus) to go full frontal in supporting any other person's "constitutional right". So the very fact that he has come out in such strong support of Dudus, it ought to mean that he has taken legal advice from the highest levels before committing himself and is convinced that his legs are sturdy.

If, based on the treaty, it was determined that the American outfit which obtained evidence did so by the illegal wiretaps of phones, must we surmise that all the Americans say they have on Dudus is a file of telephone transcripts and the actual recordings? We would be naïve to believe that."

&

"We must bear in mind that the Americans are not under any romantic illusions about what sectors of our society are corrupt. From their own experiences, they have long recognised that at the end of the day a president like, say, the late Richard Nixon and Bill Clinton (with Monica Lewinsky), and most other people are all humans under the skin and especially under the covers. Far from being perfect, what America has that is the envy of the purists among us is the workable synergy which springs from the lateral and horizontal push-pull of checks and balances, with each level having probing tentacles on the other.

I am certain that the Americans must have known of the breach, so the question to be asked is why did not the investigating entity abide by the conditions of the Act and apply to a judge in Chambers for authorisation for a wiretap or a series of wiretaps? It is my belief that they acted outside of the specific provision because there is not a single layer of the local system which they trust. Not a policeman, not a judge."

_____
observemark@gmail.com

JO - Dudus, US Gov't, interception of information

From my archive of press clippings:

Jamaica Observer

Dudus, US Gov't, interception of information

Ken Chaplin

Tuesday, March 09, 2010


THIS column begs to differ with the editorial, "No man is (worth) an island" in last Thursday's edition of the Observer regarding the constitutionality of the extradition of Christopher 'Dudus' Coke, who is wanted in America for alleged drug and gun-trafficking charges.

Read the whole column here.

Snippet(s):

"It appears that information relating to Coke's alleged activities was forwarded to the US authorities after Coke's telephone was illegally tapped by operatives of a secret multinational intelligence agency, and this information was used to support the extradition request. Responding to the 2010 International Narcotics Control Report issued by the US Department of State Bureau for International Narcotics and Law Enforcement Affairs, Golding told Parliament last Wednesday that one aspect of the request which seemed to have worried the government was the violation of the Interception of Communications Act. The Act makes strict provisions for the manner in which intercepted communications may be obtained and disclosed. The evidence supporting the extradition request violated those provisions, said Golding. This violation is a serious offence."

"The minister has requested information from the US Government, after which the matter will be further considered."

&

"The US Department of State was not careful, as it ought to be, in the preparation of its report on the efforts of the security forces and the Jamaican authorities in the fight against international drug trafficking and organised crime. It should have been more specific and less generic in its evaluation regarding these matters. Certainly, there are a few areas where more progress could have been made, but there are a large number of areas in which the struggle has been remarkably successful, some with the assistance of the US Government."

JO - Justice Minister correct in Coke's extradition case

From my archive of press clippings:

Jamaica Observer

Justice Minister correct in Coke's extradition case


Ken Chaplin


Tuesday, April 06, 2010


Investigations carried out by this writer have established beyond all reasonable doubt that while the Jamaican Supreme Court judge authorised the interception of conversations by Christopher Coke which helped the US grand jury to indict him on charges of conspiracy to distribute narcotics and conspiracy to traffic in firearms without a licence, the information was illegally forwarded to US authorities in clear violation of the extradition treaty.

Read the whole column here.

Snippet(s):

"The communication was illegally passed on to US authorities by a member of the Jamaica Constabulary Force who worked in the intercept facility in Kingston. The facility was established in 2004 by Jamaica, the United Kingdom and the USA to gather and share intelligence. The court order is always subject to the condition that the intercepted information must only be disclosed to a class of people authorised by the judge to receive such information. In no instance has any order ever been made authorising the disclosure of the information to a foreign government or an agency of a foreign government. The people who are usually authorised to receive such information are the commissioner of police and the assistant commissioner, the head of the Military Intelligence Unit and the superintendent of police in charge of the interception. The law has to be strictly followed and no mutual understandings arrived at between Jamaica and United States law enforcement authorities will do."

"The violation by the police constable represents a dangerous precedent. It is a straightforward case and the US government has an obligation to provide the government of Jamaica with all relevant information in order that it may determine when, where and how the communication was intercepted and whether or not it was done under the authority of a valid warrant. My understanding is that the police constable is now living in the USA. He should be tracked down and steps taken to have him extradited to face criminal charges as the offence he committed is an extraditable one. But this is unlikely to happen as it appears that he was a double agent. The police constable, tagged John Doe by the Americans to hide his identity is scheduled to give evidence at the trial of Coke in the USA if Coke is extradited."

&

"(T)he ball is now in the court of the Americans to make a fresh request based on legally obtained evidence to have Coke extradited and given a fair trial in the USA. The impasse between Jamaica and the USA over this matter should never have occurred. It has led to tense diplomatic relations between the two countries with the prospect of deterioration."

JO - Better times ahead for police force

From my archive of press clippings:

Jamaica Observer

Better times ahead for police force

KEN CHAPLIN

Tuesday, July 08, 2008

Commissioner of Police Rear Admiral Hardley Lewin loved his distinguished beard. He cultivated it for 30 years while in the Jamaica Defence Force Coast Guard. However, the day he got his uniform as commissioner, he shaved off his beard because it is a long-standing policy of the Jamaica Constabulary Force (JCF) that policemen should not sport a beard. He got much admiration from members of the force and civilians for falling in line in spite of the fact that he heads the force. This goes to show how simple things can create a favourable impact.

Read the whole article here.

Snippet(s):

"It is not new for officers of the JDF to be appointed to the JCF to beef up the organisation. There was RT "Rocky" Michelin, commissioner from 1953-58, a firm officer."

&

"Those were the colonial days when the sun had just begun to set on the British Empire. Then there were Gordon Langdon, a fine commissioner whom no government could push around; Flight Lieutenant Vin Bunting, deputy commissioner who served in the Royal Air Force, an officer with an incisive mind; Neville Ernandez, assistant commissioner, who granted no favours; SO "Soapy" Day, senior superintendent, a jolly officer; fearless Owen Stephenson, a rough assistant commissioner who had a reputation for going anywhere at any time, and Commissioner Colonel Trevor MacMillan, who brooked no political interference, and who is now minister of national security."