JAMAICA: PM LAMENTS LAW ENFORCEMENT PRIMACY IN USG

UNCLAS KINGSTON 000114

SIPDIS
WHA FOR DAS REYNOSO
WHA/CAR FOR (V.DEPIRRO, W.SMITH, J.MACK-WILSON)
L/LEI (CHOLLAND) (AKLUESNER)
INR/IAA (GBOHIGAN)
JUSTICE FOR OIA (PPETTY)
TREASURY FOR ERIN NEPHEW
INR/RES (RWARNER)
CENTRAL AMERICAN CARIBBEAN BASIN COLLECTIVE

E.O. 12958: N/A
TAGS: CJAN SNAR MARR PREL SOCI EAID ASEC KCRM KCOR IMF AID
TRSY, JM, XL
SUBJECT: JAMAICA: PM LAMENTS LAW ENFORCEMENT PRIMACY IN USG
RELATIONSHIP, HINTS AT COKE EXTRADITION REFUSAL; POST REQUESTS
DELIVERY OF DEMARCHE

REF: KINGSTON 86; KINGSTON 90; 09 KINGSTON 1190; 09 KINGSTON 697

Summary and Action Request:
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1. (SBU) On the evening of January 27, the CDA met with Prime
Minister (PM) Bruce Golding in his office at Jamaica House
regarding the bilateral relationship in general and the status of
recent USG extradition requests in particular. The PM expressed
concern that, in recent years, the relationship between the
Government of Jamaica (GOJ) and the USG had gradually become
dominated by law enforcement concerns. The CDA disagreed, noting
that the USG was very engaged with the GOJ through USAID, the Peace
Corps, military-to-military ties, consular services, and other
forms of cooperation. The PM defended Attorney General (AG)
Dorothy Lightbourne's recent refusal of the USG's extradition
request for Presley Bingham (Reftel A) on drug trafficking charges,
and hinted that the GOJ would similarly refuse the pending
Christopher "Dudus" Coke extradition request on procedural grounds.
Post requests that Department authorize a demarche to the GOJ to
convey the points delineated in paragraph 8. End Summary and
Action Request.

Concern Over Law Enforcement Primacy in Bilateral Relationship
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2. (SBU) The CDA had met earlier in the day with Ambassador Evadne
Coye, Permanent Secretary (PS) in the GOJ's Ministry of Foreign
Affairs and Foreign Trade (MFAFT),to express the USG's
dissatisfaction over the AG's refusal of the Bingham extradition
request (Septel). The PS apparently relayed those concerns to the
Office of the Prime Minister (OPM),and by the end of the day the
CDA was invited to Jamaica House to meet with the PM. PS Coye and
Foreign Minister (FM) Kenneth Baugh also were present.


3. (SBU) The PM noted that he had been a long-standing supporter of
the bilateral relationship, but was concerned that in recent years
USG-GOJ ties seem to have become dominated by law enforcement
concerns. The CDA countered that this was not the case, and cited
a number of other areas of cooperation, including USAID, Peace
Corps, military-to-military programs, consular services, tax
compliance, and USG support for the GOJ's pending Standby Agreement
with the International Monetary Fund (IMF) (Reftel B). When
reminded of the scope of the bilateral relationship, the PM seemed
pleased. The CDA also noted that, at the recent Chiefs of Mission
(COM) conference in Washington, Secretary Clinton and Assistant
Secretary (AS) for Western Hemisphere Affairs Arturo Valenzuela had
stressed the importance of the USG's partnerships in the Caribbean,
while emphasizing that the USG could not divorce law enforcement
cooperation from the wider range of issues and priorities in
bilateral relationships.

Defends AG's Bingham Decision
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4. (SBU) The PM said that he had spoken with the AG regarding the
Bingham case and defended her decision, noting that she had the
legal authority to decide as she had done. The CDA assured the PM
that the USG did not question the AG's authority, but had been
surprised by the limited rationale that she had provided for her
decision (Septel) The AG had had the opportunity to review the
USG's extradition request in early 2009 before she had signed the
order to proceed, and had given no indication at that time of any
of the apparent "double jeopardy" concerns raised in the diplomatic
note regarding the refusal. Similarly, the timing of the AG's
refusal - coming one day before the expiration of the 60 day window
within which Bingham would have to have been extradited - had put
the USG in a difficult position, with U.S. Marshalls having been
placed on standby and a USG plane deployed to the Norman Manley
International Airport to transport Bingham to the U.S. The PM
seemed to acknowledge these concerns.



Displeased With DAS Reynoso's Coke Comments
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5. (SBU) The PM also noted with displeasure that, on her recent
visit to Jamaica (Reftel C),Deputy Assistant Secretary (DAS) of
State for Central American and Caribbean Affairs Julissa Reynoso
had spoken with local media representatives on the pending Coke
extradition. The CDA reminded the PM that, although the U.S.
Embassy and the GOJ had maintained a "gentleman's agreement" not to
discuss the case publicly, no such assurances could be made on the
part of the DAS. Nevertheless, the CDA noted that he had advised
MFAFT of the DAS's visit and the likelihood that she would be asked
about the Coke extradition. The FM confirmed to the PM that this
advisement had in fact taken place and that the U.S. Embassy had
been quite forthcoming regarding the DAS's media interviews and
statements on the Coke extradition.

Hints At Coke Extradition Refusal
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6. (SBU) In their discussion, the PM spent considerable time
questioning the propriety of elements of the Coke extradition
request (Reftel D),demonstrating a great deal of familiarity with
the intricacies of the case and suggesting that he had been
following it closely. Matters of particular concern seemed to be:
the identity of confidential sources cited in the extradition
request; and, the propriety of members of the Jamaica Constabulary
Force (JCF) appearing before the Grand Jury in the Southern
District of New York without appropriate authorization by the
Jamaican courts.

Analysis:
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7. (SBU) In the CDA's estimation, the PM gave every indication that
the GOJ was leaning toward refusing the USG's Christopher Coke
extradition request, although there was no explicit statement to
this effect, and no time frame for a decision was mentioned. If
this is the case, the Bingham extradition refusal might have been
intended to establish a precedent on procedural grounds for a Coke
refusal. Post will convey any additional information as it becomes
available. End Analysis.



Action Request:
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8. (SBU) Post requests that the Department authorize a demarche to
the GOJ conveying the following points:

a. The Jamaican Minister of Justice's decision not to
extradite Presley Bingham is disappointing and regrettable. Mr.
Bingham is accused of serious crimes involving international drug
trafficking, which have harmed U.S. communities and fueled violence
in Jamaica, with devastating consequences for the Jamaican people
and legitimate Jamaican industries.

b. Our requests for the extradition of Mr. Bingham were
based on thorough investigations and fully satisfied all of the
requirements of our bilateral extradition treaty. The United
States in no way engaged in any undue delay in this case. Indeed,
the GOJ's failure to issue a surrender warrant in a timely manner
led to the release of Mr. Bingham at the conclusion of the first
set of extradition proceedings. For years, our cooperation with
Jamaica in the area of law enforcement has been considerable,
including on extradition matters. In fact, we consulted with the
Jamaican Office of the Director of Public Prosecutions (DPP) to
prepare both both our first and our subsequent extradition requests
for Mr. Bingham, as we do in all extradition cases. The claim that
extradition would be unjust due to delay is inconsistent with the
MOJ's decision to proceed in response to our resubmission of the
extradition request.



c. We fully respect the decisions of the Jamaican
courts and magistrates, which in this case validated the USG's case
against Mr. Bingham. Mr. Bingham chose not to appeal the decision
in a timely manner. This decision by the Jamaican courts has now
been overruled by the Attorney General, although the USG has acted
in accord with our treaty obligations in this case.

d. Post awaits a more detailed explanation from the GOJ
regarding this decision.
Parnell