JAMAICA: DENIAL OF EXTRADITION REQUEST: PRESLEY BINGHAM

UNCLAS KINGSTON 000086 SIPDIS JUSTICE FOR OIA (PPETTY) E.O. 12958: N/A TAGS: CJAN SNAR SOCI ASEC KCRM KCOR JM XL SUBJECT: JAMAICA: DENIAL OF EXTRADITION REQUEST: PRESLEY BINGHAM REF: 10 STATE 1444 (071810Z JAN 10) Summary 1.(SBU) The Government of Jamaica (GoJ) has formally rejected the extradition request for Presly Bingham (reftel). Jamaican Minister of Justice Dorothy Lightbourne asserts that the extradition would be "unjust and oppressive." End Summary. 2.(SBU) On January 20, the Embassy received the following Diplomatic Note No. 8/807/200 dated January 20, 2010, advising that the Government of Jamaica has rejected the extradition request for Presly Bingham: (Begin Text of GoJ Diplomatic Note 8/807/200) " The Ministry of Foreign Affairs and Foreign Trade presents its compliments to the Embassy of the United States of America and has the honour to acknowledge receipt of the latter Diplomatic Note No. 028/101, dated 12 January 2010, regarding its request for the extradition of Prestly (sic) Bingham to the United States of America. The Ministry was instructed by the Honorable Attorney General to inform the Embassy that the request will not be granted. The Ministry was further instructed to state that the Honourable Attorney General will write her reasons for the denial tomorrow, at which time the Ministry will communicate further to the Embassy. " (End Text of GoJ Diplomatic Note 8/807/200) 3.(SBU) In the course of a private meeting on the afternoon of January 21, the Ministry of Foreign Affairs and Foreign Trade (MFAFT)'s Permanent Secretary, Amb. Evadne Coye, conveyed to Charge' the following letter from Dorothy C. Lightbourne, Minister of Justice, dated January 20 and addressed to Charge d' Affaires, Embassy of the USA: (Begin text of Minister Lightbourne - Charge letter dated January 20) " Re: In the Matter of an Application to the Minister of Justice by Presley Bingham pursuant to section 12(3) of the Extradition Act -------------- -------------- I have the honour of addressing your Excellency on behalf of the Government of Jamaica. On the 23rd day of November, 2009, Mr. Presley Bingham petitioned the Minister under section 12 (1) of the Extradition Act to exercise powers under section 12(3) of the said Act to disallow his extradition to the United States of America. The petition was grounded on section 11 (3) (b) of the Extradition Act, which mandates that a person committed to custody to await his extradition be discharged from custody if it appears that by reason of the passage of time since he is alleged to have committed the offence, it would, having regard to all the circumstances, be unjust and oppressive to extradite him. On the 19th day of January, 2010, I considered oral arguments presented by counsel representing the Applicant and by the Director of Public Prosecutions representing the United States Government and my decision is that having regard to all the circumstances of the case, it would be unjust and oppressive to extradite him. Consequently, pursuant to my powers under section 12 (3) of the Extradition Act, I have decided not to make an order for the applicant to be extradited to the United States of America and to order that he be discharged from custody. Please accept Excellency the assurance of my highest consideration." (End text of Minister Lightbourne - Charge letter of January 20) 4.(SBU) Post also has received a facsimile copy of the following letter dated January 20 from Minister Lightbourne addressed to the Director of Public Prosecutions (DPP): (Begin Text of Lightbourne - DPP letter dated January 20) " Dear Sirs: Re: In the Matter of an Application to the Minister of Justice by Presley Bingham pursuant to section 12(3) of the Extradition Act -------------- -------------- I have considered the arguments in the captioned application and my decision is that it would be unjust and oppressive to extradite the applicant on the ground mentioned in section 11 (3) (b) of the Extradition Act and pursuant to my powers under section 12 (3) of the said Act, I have decided not to make an order for the applicant to be extradited to the United States of America. " (End Text of Lightbourne - DPP letter dated January 20) 5.(SBU) Via Septel, Post will provide analysis and recommend next steps. Moss