JAMAICA: DIP NOTE RECEIVED ON OCTOBER 30, 2009

C O N F I D E N T I A L KINGSTON 000731

SENSITIVE
SIPDIS
STATE FOR WHA/CAR (JMACK-WILSON) (BALVARADO) (VDEPIRRO) (WSMITH)
L/LEI (CHOLLAND) (AKLUESNER)
INR/IAA (GBOHIGAN)
JUSTICE FOR OIA (PPETTY)
TREASURY FOR ERIN NEPHEW
INR/RES (RWARNER)
PASS TO CENTRAL AMERICAN CARIBBEAN BASIN COLLECTIVE

E.O. 12958: DECL: 2019/11/02
TAGS: CJAN CVIS PREL PGOV PINR ASEC SNAR SOCI KCOR KCRM JM
XL
SUBJECT: JAMAICA: DIP NOTE RECEIVED ON OCTOBER 30, 2009

REF: STATE 85807; KINGSTON 704

CLASSIFIED BY: Isiah Parnell, CDA; REASON: 1.4(B),(D)


1. (C) On October 30, CDA received the following diplomatic note,
dated October 30, from the Minister of Justice Dorothy Lightbourne
of the Ministry of Justice (MOJ):



(Begin text of MOJ DIP NOTE)



Re: Request for extradition of Christopher Coke



I have the honour of addressing your Excellency on behalf of the
Government of Jamaica. I refer to the above captioned matter. I
have carefully considered your response dated October 2, 2009. In
accordance with Article IX of the treaty I will require further
information and comments as set out hereunder before I can properly
consider the request as required by the provisions of the Treaty
and domestic legal requirements.



(a) Interference with witnesses is not a new situation.
It is not unique to the United States. It is a tool used by
criminal individuals and organizations to frustrate the process of
justice. Jamaica is not only aware of it but has encountered it
and we have introduced a system of witness protection to ensure
that criminals do not secure their acquittal by eliminating
witnesses. Jamaica recognizes however, that it must balance the
public interest with the right of every accused to know his
accuser. In our jurisdiction the prosecution must disclose the
statements of all witnesses to the defence before trial. Jamaica
recognizes the assurance given by the United States that Mr. Coke
will have the right to confront all witnesses in court. Jamaica,
however, is unable to understand the real concerns of the United
States in not wishing to divulge the names of the witnesses in
light of its own witness protection service and the fact that
persons and associates under the control of drug organizations
could launch an attack on witnesses after disclosure is made at
trial. Jamaica notes that in the recent case of Davion Parson who
was indicted for three counts of First Degree Murder, the names of
the witnesses were disclosed. Retaliation against witnesses is
most likely in cases of murder.



(b) Jamaica notes that the question has not been answered.
The question Jamaica wishes to have answered is whether the
co-operating witnesses are being charged jointly with Christopher
Coke as the evidence in their affidavits suggests that they should
be so charged.



(c) Jamaica notes that the answer to this question is a
qualified yes. It would be of assistance if we had a definitive
answer. However, since your answer implies that the statements of
the co-operating witnesses were not submitted to the Grand Jury,
Jamaica is requesting a copy of the evidence which was presented
before the Grand Jury and which formed the basis for the
indictment.



(d) In the absence of an unqualified yes to the question
at (c) an answer to the question at (d) is required.



(e) This request is now incorporated at paragraph (c).

(f) Jamaica wishes confirmation that as regards the
charge of conspiracy contained in count one of the indictment no
scientific analysis of the substance alleged to be marijuana and
cocaine was done and a certificate placed before the Grand Jury.



(g) Jamaica is aware of the contents of the affidavit of
co-operating witness 2. However we are asking for corroboration of
that evidence from the records of the immigration authorities in
the United States.



(h) Jamaica notes the assertion of the United States that
Mr. Coke has not been designated by the executive of the United
States as a significant foreign narcotics trafficker pursuant to
the Foreign Narcotics Kingpin Designation Act. However on August
28, 2009 the US Drug Enforcement Administration issued a News
Release under the name of Erin Mulvey, Public Information Officer.
This release is captioned - "Manhattan U.S. Attorney Charges
Jamaica-Based Drug Kingpin with Narcotics and Firearms Trafficking
Crimes" and it is concerned with Mr. Coke. It states, inter alia,
"Coke leads an international criminal organization known as the
"Shower Posse," with members in Jamaica, the United States, and
other countries - which he has led since the early 1990s. At
COKE's direction and under his protection, members of his criminal
organization sell marijuana and crack cocaine in the New York area
and elsewhere, and send the narcotics proceeds back to COKE and his
co-conspirators. COKE and his co-conspirators also arm the
organization with illegally trafficked firearms. COKE has been
named by the U.S. Department of Justice to the list of Consolidated
Priority Organization Targets ("CPTOTs") which includes the world's
most dangerous narcotics kingpins".



Jamaica wishes to know why is the DEA referring to
Mr. Coke as a narcotics kingpin if he has not been so designated by
the executive of the United States?



As regards Jamaica's concern that details of the
request were passed to unauthorized persons the United States
asserts that the information regarding this request was shared with
officers of the Jamaican Government. We wish to be informed of the
names of the officers of the Jamaican Government with whom the
information was shared. This is of serious concern to the Jamaican
Government.



We note that witness John Doe states that telephone
calls by and to Mr. Coke were intercepted by him, he being a member
of the Jamaica Constabulary Force. The information gathered during
the monitoring of these calls has been used as evidence on which
the indictment is founded. Jamaica wishes to know whether the
information was obtained by the United States in accordance with
the treaty between Jamaica and the United States on Mutual Legal
Assistance in criminal matters and in accordance with the
provisions of the Mutual Assistance (Criminal Matters) Act.



Jamaica wishes the United States to disclose the
name of the witness "John Doe" who states that he is a serving
member of the Jamaica Constabulary Force. Jamaica notes that there
should be no concern about interference with this witness.



We look forward to receiving the above mentioned
information which will enable me to expedite my deliberations so as
to fully comply with my obligations under the treaty and Jamaican
law. Should you have any queries in relation to the above please
do not hesitate to contact me.

(End Text)




2. (C) Comment: Regrettably, this request for additional
information was not unexpected and was repeated on several
prominent talk radio programs last week. It appears that the GOJ
is looking for reasons to justify its inaction on the extradition
requests and underscores its belief that action might result in
significant social, political, and economic unrest, particularly in
the Tivoli Gardens area of Kingston. End Comment.
Parnell