I
would first like to debunk the story “Dudus Bugged”, published Sunday 7th March
2010, Cover Story, The Herald which states that there is an “intelligence
network” headquartered in Kingston, which is completely false.
There
are no spies in Jamaica that intercept mobile, landline, fixed line or data
call transactions on any networks without the prior knowledge of the respective
Telecoms Providers. Worse, there would be no need to, as any such mobile
unencrypted (yes, there are mobile apps that can be installed on smart phones
that can encrypt phone calls!) calls on the Big Three mobile networks in
Jamaica i.e. Digicel, CLARO and LIME are easily interceptable.
This
is provided you have the right gear or equipment or you had recently acquired
the A5/1 or A5/3 codebook from a Telecoms Provider employee and utilized the
Open Source Solution.
This
is now available online thanks to the research done by German security expert
Karsten Nohl who had indicated at a Hackers convention press conference in
Germany that he had decrypted the A5/1 codebook, which uses a 64-bit encryption
key, as stated in the article “Q&A:
Researchers Karsten Nohl on Mobile eavesdropping”, author Elinor Mills, CNET News.
For
the layperson, this means that conversations on Telecoms Providers networks
that still use the A5/1 codebook (hint: Digicel??) are not only interceptable
but decodable. It is thus being hoped that local Telecoms companies have
upgraded to the more secure A5/3 codebook, which Dr. Karsten Kohl, who holds a
PhD in computer engineering from the University of Virginia, has yet to
decrypt…….at least for now.
Apparently
these spies are fictional characters that the Herald wishes to write in a book
on the obviously stalled extradition of Tivoli strongman Chritopher “Dudus”
Coke, as there is no proof offered or sources and their names mentioned.
But
this issue and its larger possible implication as it relates to the security of
data and conversations on our Telecoms Provider’s Networks aside, I segway to
what I really am gunning. This is the legality of the Prime Minister making
what seems a declaration that the extradition of Christopher “Dudus” Coke
cannot proceed as the State Department of the United States of America obtained
their information illegally.
This,
John Public surmises, is really a matter for the Courts, as Dr. Peter Phillips,
spokesperson on National Security points out in Parliament, his point of view
being upheld by another PNP backbencher Abe Dabdoub. He stated that the Prime
Minister had usurped his role as part of the Executive by making presumptions
of judgment when legal matters were solely the prevue and prerogative of the
Judiciary.
Please
remember that not only did these statements get published in all three (3)
Newspapers, it was also the prime news for a few days in the past week by the
Broadcasters Television and radio Stations.
Their News
reports are broadcast on the Internet on a Web TV channel, effectively the
entire world, thus ruffling the feathers of the United States of America.
Although
not a major trading partner with regards to exports, we do import a lot of
their goods, have diplomatic relations with the USA in the form of ambassadors,
consulates and embassies. We also get financial assistance from NGO and US
multilaterals such as USAID and the IMF (the USA is a major contributor to
their lending pool)
Most
importantly, we have a working Extradition Treaty, formerly known as the Mutual
Legal Assistance Treaty, which is a joint Jamaica-USA agreement. This allows
the extradition of citizens from either country who are suspected of committing
crimes in the other’s jurisdiction or aiding criminal activity in the other’s
country. This is a Treaty to which the Government of Jamaica is signatory and
signed of its own free will without coercion.
This
extradition does not specify the time frame within which the extradition request
has to be honored, but nonetheless it must occur within what is referred to as
a “reasonable” timeframe.
Also,
there is a judicial process that must be undertaken by the courts which has not
been allowed to proceed, as Senator Dorothy Lightbourne, Minister of Justice,
has had the Ministry of Justice itself peruse the request by the United States
of America for “Dudus” extradition. Senator
Dorothy Lightbourne then declared it as
containing inadequate evidence and grounds upon which to extradite the alleged
drug kingpin, when in fact this is a decision for the courts to decide and not
the Ministry of Justice.
To add
further injury to insult to the Common Sense view of John Public, one would
think that since we entered into a Extradition Treaty, it would also make
provisions as to what would be regarded as admissible evidence as opined in the
editorial “Stop the posturing and do
what is right”, published Sunday 7th March 2010, Sunday Herald Editorial,
Sunday Herald.
Apparently
the Prime Minister, in acting as a lawyer (which he is not), has made the point
that the evidence is illegally obtained. But the evidence used to establish the
prima facie case against Christopher
“Dudus” Coke was obtained after the United States of America State Department
had granted a warrant to the relevant investigative authority (DEA perhaps?).
They conducted
the wiretap (which by the way includes conversations or data transmissions over
a wireless network) which was done from the American side of the
telecommunications link or on American soil e.g. the United States of America
Embassy or Consulate offices, which are technically America Soil.
So the
DEA tapped the conversations of the persons with whom Christopher “Dudus” Coke
was passing information or had information passed to him concerning narcotics
related matters currently under investigation prior to the wiretap requests.
It can
confirmed by the United States of America State Department that they do indeed
have sworn testimonies from the persons involved in those conversations that
the person with whom they were conversing is indeed Christopher “Dudus” Coke.
Thus the
extradition request from the United States is not only legally binding, but it
can stand the test of the Jamaica equivalent of the Extradition Court, which
would have legal oversight into issues relating to extradition requests. This
should be the reasoning, instead of as Senator Dorothy Lightbourne, Minister of
Justice declaring flatly that she would not sign the request for the
extradition of Christopher “Dudus” Coke.
Indeed,
it is possibly this knowledge of the procedures that may have made the United
States of America State Department in the recently published International
Narcotics Control Strategy Report, make it known that the actions of the
Government of Jamaica “called into question Kingston’s commitment to the law
enforcement cooperation with the US”.
We
already have gotten ourselves in trouble with our Central Latin American
[Caribbean], American and British authorities with regards to our Jamaica
nationals, who, even when they do visit or have never visited the respective
countries mentioned have a propensity to incite the worst in the citizenry of
those respective countries.
Especially
as it relates to the sale of narcotics and even our anti-gay hate lyrics in
dancehall music by virtue of their connections to known criminal underworld
figures in the respective countries.
This was
brought into sharp focus when Mark Myrie, otherwise knows by his nom de guerre as Buju Banton, was held
by Federal Agents on charges of dealing in and attempting to smuggle cocaine as
stated in the article “Not and
Easy Road – Buju Banton held for cocaine possession in the United States”,
published Sunday, December 13, 2009, by Livern Barrett, Gleaner Writer, The Sunday Gleaner,
Britain,
the Cayman Islands and many of Eastern Caribbean countries have been forced by
it respective citizenry to enact a Visa requirement and stricter screening of
Jamaican citizens in a bid to keep the criminal activity out of their
countries.
It
does not help that Jamaica is a known transshipment point for cocaine from
Latin America, specifically Colombia and a major producer and supplier of
cannabis sativa (Marijuana) to the United States of America. It is definitely
not helping the situation when it is known to all dry and sundry, inclusive of
the learned John Public that the Government of Jamaica.
Worse with
a JLP led Government of Jamaica who has a Prime Minister, Senator Bruce Golding
appearing to defend a wanted criminal and strongman who literally controls the
Tivoli Gardens area, which just happens to be his constituency.
Jamaica’s
weakness in tackling crime and passing anti-crime legislation that could make
fingerprints, forensic evidence and the admission of electronic recordings i.e.
still photographs, video or audio, be they digital or analog at the time of
recording the offence.
Making
amendments to Acts as it relates to Corruption (both State and Civil),
amendment of laws as it relates to fines and sentences for certain criminal
acts, and the retraining of the police as it relates their sensitization to the
various laws of the State as well as non-lethal means of subduing suspects.
Most
importantly the passing of the Charter of Right and Freedoms, which would lay
out clearly the Rights and Freedoms of both Citizens and non-Citizens in
Jamaica!
These
deficiencies in Jamaica law are all too well known to the United States of
America Justice and State Departments, and even the EU, who have begged and
pleaded with the previous successive Governments to enact in order to better
deal with crime within their country.
Could
it really be that the Prime Minister, Bruce Golding uncooperative stance is
concern over losing voter support from his constituents in this well-known
garrison in the upcoming General Elections in the next two and a half (2 ½ )
years?
Or is
it that he is trying to stamp out (or stall, perhaps?) the lit fuse leading to
a bigger powder ked, that of the Jamaica Labour Party’s involvement and
possibly financial or other support and acceptance of financial or other
support from the criminal underworld that exist in these garrison areas?
Such
information would expose the Prime Minister and the JLP members as aiding and
abetting the crime problem in Jamaica, which would explain in some part their
reluctance in enacting the above legislation key to fighting Crime.
If
this is the case, then we’re in for an even more longer ride with the
Government of Jamaica in a soap opera John Public would like to call “As the
Government Turns”, as it appears in protecting their proverbial posteriors (can
I use the word “asses” or does the Newspaper censors not allow it?) they are
willing to accept any and all political fallouts.
The
Prime Minister Bruce Golding has sounded out this viewpoint clearly in
Parliament by stating that - and these are his words - “if I have to pay a
political price for, then I will”. Already, there is a strong feeling in the
court of public opinion, presided over by John Public that the tardiness of the
United States of America in appointing a US Ambassador since the end of the
tour of duty of Barbera LaGrange in 2009.
The most
recent diplomatic soundings of the United States of America in canceling the
visas of Mr. Wayne Chen, Director of the UDC (Urban Development Corporation)
who I might add was treated as any ordinary Jamaica would be when their visa
has expired naturally.
This despite
the protestations of Mr. Michael Spence in the opinion piece “Visa Revocation”, published Sunday 7th
March 2010, The Sunday Herald and the alleged seizure of Green Cards by the
Department of Homeland security in Ft. Lauderdale, Florida of as yet undisclosed
prominent Jamaicans on Monday 1st March 2010.
Possibly,
these may be somehow related to the ongoing extradition saga being played out
almost every month in the Newspapers and on the Broadcast Television and Radio
Stations since it first broke light in 2009.
But worse
is yet to come, as the United States of America State Department has an even
more daunting arsenal of weapons such as embassy and ambassador revocations,
blocking the importation of technology transfers to Jamaica.
This widens
the investigation to include the Government of Jamaica by declaring them also
criminals by virtue of aiding and abetting a known wanted suspect in a
narcotics investigation and blocking of international aid and loans from EU,
NGO and Multilateral lending agencies.
Especially
in light of not only the lack of effort by the Government of Jamaica to enact
the aforementioned legislation to tackle crime and corruption but also their
failure to enact the Charter of Rights and Freedoms in its presently amended
form. This would have guaranteed the rights and freedoms of all Jamaican
Citizens regardless of race, colour, class, creed, religion or sexual
orientation.
What
is even worse, is than not only is Jamaica’s reputation being dragged about and
our dirty laundry aired to a foreign press that mostly sensationalizes bad
press and ignores the good that is coming out of Jamaica, we can also face
possible sanctions from the EU, if the USA suddenly decides that the process
has exceeded a year.
Hopefully
the Government of Jamaica should come to its senses and realize that its
posturing using rights and due diligence as it relates to one of its citizens
makes it look as if is hiding something.
The
more the United States of America State Department patience wears thin, the
more likely that after a year would have passed since the extradition request,
they may even begin taking other action not mentioned in this letter that will
instead be aimed at the citizens of Jamaica, the Jamaican electorate.
Apparently
Prime Minister, Bruce Golding is more concerned about holding on to his
political post than giving up a wanted man who controls his constituency. This
despite his back being against the wall and having no other options but to
allow the Courts to proceed with assessing the legality of the extradition
request! Their actions ensure compliance with our Extradition Treaty with the
intention to extradite Christopher “Dudus” Coke to face drug charges in the
United States of America.
The
sands of time have been set as it is now a question all of Jamaica and yours
truly, the learned John Public, must be asking, as did David Rowe, a Jamaican
borne lawyer residing in Ft. Lauderdale Florida: “How can one extradition be
worth the Jamaica-US relationship?”
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