Identifier
Created
Classification
Origin
10KINGSTON174
2010-02-04 22:27:00
UNCLASSIFIED
Embassy Kingston
Cable title:  

JAMAICA: EXTRADITION CASES OF PRESLEY BINGHAM AND

Tags:  CJAN SNAR PREL SOCI EAID ASEC KCRM KCOR JM XL 
pdf how-to read a cable
VZCZCXYZ0014
OO RUEHWEB

DE RUEHKG #0174/01 0352229
ZNR UUUUU ZZH
O 042227Z FEB 10
FM AMEMBASSY KINGSTON
TO RUEHC/SECSTATE WASHDC IMMEDIATE 0650
INFO RHMFIUU/DEPT OF JUSTICE WASHINGTON DC IMMEDIATE
EC CARICOM COLLECTIVE
RUEATRS/DEPT OF TREASURY WASHINGTON DC
RUEHLO/AMEMBASSY LONDON 0161
RUEHOT/AMEMBASSY OTTAWA
UNCLAS KINGSTON 000174 

SIPDIS
WHA FOR DAS REYNOSO
WHA/CAR FOR V.DEPIRRO, W.SMITH, J.MACK-WILSON, M.FORTIN
L/LEI
JUSTICE FOR OIA (P.PETTY, P.MCKENNA)
TREASURY FOR ERIN NEPHEW

E.O. 12958: N/A
TAGS: CJAN SNAR PREL SOCI EAID ASEC KCRM KCOR JM XL
SUBJECT: JAMAICA: EXTRADITION CASES OF PRESLEY BINGHAM AND
CHRISTOPHER COKE

REF: STATE 1444 (071801Z JAN 10)(NOTAL)
KINGSTON 86 (222037Z JAN 10)(NOTAL)
KINGSTON 114 (291917Z JAN 10)(NOTAL)

Summary


UNCLAS KINGSTON 000174

SIPDIS
WHA FOR DAS REYNOSO
WHA/CAR FOR V.DEPIRRO, W.SMITH, J.MACK-WILSON, M.FORTIN
L/LEI
JUSTICE FOR OIA (P.PETTY, P.MCKENNA)
TREASURY FOR ERIN NEPHEW

E.O. 12958: N/A
TAGS: CJAN SNAR PREL SOCI EAID ASEC KCRM KCOR JM XL
SUBJECT: JAMAICA: EXTRADITION CASES OF PRESLEY BINGHAM AND
CHRISTOPHER COKE

REF: STATE 1444 (071801Z JAN 10)(NOTAL)
KINGSTON 86 (222037Z JAN 10)(NOTAL)
KINGSTON 114 (291917Z JAN 10)(NOTAL)

Summary



1.(SBU) The Jamaican Attorney General and Solicitor General
maintain that the denial of the USG's extradition request for
Presley Bingham was an "unusual" case that will not become a
precedent. They also agreed to provide a more complete written
justification for the denial of the Bingham extradition. With
respect to the pending extradition request for reputed narcotics
and arms trafficker Christopher "Dudas" Coke, the Solicitor General
maintains that the key unresolved question is whether critical
information was disclosed to the USG in accordance with Jamaican
law. End Summary.



2.(SBU) In a private meeting with the Government of Jamaica
(GoJ)'s Minister of Justice and Attorney General (AG) Dorothy
Lightbourne and Solicitor General (SG) Douglas Leys on the
afternoon of February 3, Charge' reiterated the USG's
disappointment with the GoJ's denial of the extradition request for
Presley Bingham (reftels) and sought preliminary clarification of
the reasons for the GoJ's decision. Prior to the arrival of the
AG, the SG indicated to Charge' that his visit to Washington in
December had been "productive," and had afforded an opportunity to
discuss issues and problems surrounding extraditions; he believed
the USG had a "growing appreciation of the issues between us."
Charge' asked whether, with respect to the Christopher "Dudus" Coke
extradition request, the SG considered the ball to be in the USG's
court. The SG replied that follow-up actions by both parties
remained; the GoJ had "looked at other cases involving
interceptions," and had concluded that the Coke case was one of
"first impression." The main issue in the Coke case was
"unauthorized disclosure" of information to USG authorities which
had not been in accordance with Jamaican law. The SG said he

understood, as a result of his visit to Washington, that the USG
believed that proper procedures had been followed. Upon his return
to Jamaica, he had sent a letter to the Commissioner of Police
inquiring as to the authority by which a Jamaican police officer
had given testimony to a jury in the U.S.; he had not yet received
a reply. The SG noted that he also had sent a draft joint press
release to the U.S. Department of Justice, and was awaiting a
reply.



3.(SBU) When AG Lightbourne joined the meeting, Charge' expressed
disappointment with the GoJ's surprising denial of the Bingham
extradition request, noting that this was the first instance in
which the Jamaican courts had ordered an extradition, but in which
the surrender order subsequently had not been followed. Charge'
said that the USG was interested in the details underlying the
GoJ's decision, and noted that, in keeping with the customary close
collaboration between the GoJ and USG on extradition matters,
ordinarily any problems would have been resolved before the arrest
order had been signed. Charge' emphasized that, in the initial
extradition request, the 60-day limitation had not expired because
of any delay on the part of the USG, but rather because of the
GoJ's inaction; SG Leys readily acknowledged this point. Charge'
noted that Bingham initially had chosen not to appeal his
extradition, and had not raised the arguments put forward by the
AG. Charge' noted that the AG had taken 59 days to issue a
decision regarding the appeal, thus necessitating the USG's having
to bring in a chartered aircraft to ensure that Bingham could have
been removed from Jamaica before the expiration of the 60-day
limitation. AG Lightbourne said that she had been awaiting a brief
by Bingham's lawyer, who had been off-island; a Cabinet meeting and
the press of other business had resulted in issuance of her
decision on the 59th day.



4.(SBU) In response to Charge's inquiry regarding the AG's finding
that the Bingham extradition request had been "unjust and
oppressive," Leys said that the GoJ would make a detailed written


explanation available to the USG. Leys noted that, while it had
not been included in the written ruling, in dismissing the initial
extradition request the judge had pronounced that the GoJ should
"not think about" re-arresting Bingham for the same offense. Leys
noted that the Bingham case dated back to 1998, and had taken so
long to be resolved through "no fault of the applicant." Leys
readily acknowledged that, in processing the initial extradition
request, the Jamaican authorities had been remiss in allowing the
60-day limitation to expire, and said the 17-month delay in the
second extradition request had been excessive. In light of these
delays, it was necessary to "balance the rights of the accused with
the interests of the requesting and the requested states." The SG
observed that, whenever a defendant is re-arrested after a long
period, "memories fade, documents go missing, and witnesses
relocate." Charge' then asked why, when the AG had signed the
renewed authorization to proceed in 2008, these factors had not
been taken into consideration. AG Lightbourne replied that, when
she had signed the authorization, she had not realized that it was
a renewal of a previous extradition request; she only realized this
when, subsequently, Bingham's lawyer brought it to her attention.




5.(SBU) Charge' then pointed out that often extradition cases took
many months or years to develop, and asked whether the AG's
decision in the Bingham case might serve as an unfortunate
precedent. SG Leys replied that the Bingham case had been
"peculiar," in that the court had discharged the case, and the USG
then had submitted a renewed extradition request for the same
offense. Again, Leys readily acknowledged that the initial
extradition request had been discharged "because of negligence" by
GoJ authorities. AG Lightbourne noted that Section 11 (3) (b) of
the Extradition Treaty "would not make sense" if renewed
extradition requests could be submitted for the same offense. SG
Leys then said that delay was "one of the factors" the Minister had
taken into consideration in "exercising her discretion" under
Section 12 (3) of the Extradition Treaty. In response to Charge's
inquiry as to whether these factors had been taken into
consideration at the level of the magisterial court, the SG and AG
replied that they could not say, as they had not been present. SG
Leys noted that the "unjust and oppressive" provision of the Treaty
previously had applied in the Walter Byles extradition case.
Charge' reiterated that, if the GoJ found problems or weaknesses in
the course of extradition cases, they should be brought to the
attention of the USG and resolved rather than waiting until the end
of the process.



6.(SBU) Charge' then asked whether the USG should submit renewed
extradition requests in the future. SG Leys replied that "it's up
to you," and noted that the Jamaican courts ordinarily adhered to a
"fresh evidence" rule when accepting renewed cases. Charge'
reiterated that, in the initial extradition request, the court had
not exonerated Bingham; instead, the case had been lost in the
Jamaican system. The USG considered this a crucial distinction.
SG Leys said he appreciated this distinction, but that it had been
necessary to "balance the rights of the accused with the rights of
the requesting and requested states." In response to Charge's
inquiry as to whether the Bingham case might serve as a precedent,
Leys replied "no, never," and Lightbourne called it "a most unusual
case."



7.(SBU) SG Leys then said, in reference to the Coke extradition
case, the key question was how information had been given to USG
authorities without "modifications to the order to disclose
information only to certain classes of persons." Leys said he did
not even know the name of the constable who had testified in the
U.S.; the circumstances were under investigation. He then noted
that the question of whether the Minister of National Security
should have been consulted was "no longer an issue." The
outstanding issue was whether information had been disclosed to the
USG in accordance with Jamaican law.



8.(SBU) AG Lightbourne then emphasized that she was "fully


supportive of the U.S. Government," and reiterated that the Bingham
case was "unusual." Leys said that, in the previous (People's
National Party) administration, the Minister of Justice routinely
had signed extradition arrest orders and forwarded them to the
Director of Public Prosecutions (DPP) without careful review.
Since the DPP represented the interests of the USG, from now on the
SG would review extradition requests before the arrest orders were
sent to the DPP. Charge' reiterated that the USG did not submit
frivolous extradition requests; these requests were only submitted
for serious crimes. Charge' noted that it was extremely
frustrating to the USG that an extradition case on which the two
governments had collaborated closely should be denied at the last
minute; any possible steps to avoid a repeat of this episode should
be taken. Leys then maintained that the AG could have denied the
Coke extradition request when the USG had not supplied all of the
information requested by the GoJ; instead, the GoJ was working with
the USG in hopes of resolving outstanding questions, and this
should be understood as a sign of good relations. Leys noted that
he had found only one other extradition case involving intercepts;
he believed it was that of Garth Lewis, and that no ruling had been
rendered. AG Lightbourne then cited a case in which a Jamaican
mistakenly had been extradited to Maryland on a charge of first
degree murder rather than second degree murder; the public defender
now was attempting to have the case dismissed. She said this
illustrated the need for careful review by the SL of all
extradition cases. Charge' concluded by noting the prominent
coverage given to the Coke and Bingham extradition cases by the
Jamaican print and broadcast media; this made coordination between
the GoJ and USG all the more essential.
Parnell