Christopher Dudus Coke: Still Wanted

Christopher Dudus Coke is still wanted and the Jamaican Government's failure to turn him over to the U.S. authorities, who have been seeking his extradition since Aug. 2009, has strained relations between the two countries.

In the recently released INCSR 2010 (International Narcotics Control Strategy Report), which identifies and reports on countries involved in drug trafficking, Jamaica was singled out for being reluctant to carry out extradition requests "for a major alleged narcotics and firearms trafficker" as outlined on page 274 of the report:

While cooperation between Government of Jamaica (GOJ) and U.S. Government (USG) law enforcement agencies remained strong, delays in proceeding with the significant extradition request for a major alleged narcotics and firearms trafficker who is reported to have ties to the ruling Jamaica Labour Party, and subsequent delays in other extradition requests, have called into question Kingston’s commitment to law enforcement cooperation with the U.S. While cooperation between Government of Jamaica (GOJ)and U.S. Government (USG) law enforcement agencies remained strong, delays in proceeding with the significant extradition request for a major alleged narcotics and firearms trafficker who is reported to have ties to the ruling Jamaica Labour Party, and subsequent delays in other extradition requests, have called into question Kingston’s commitment to law enforcement cooperation with the U.S.

The scathing report on illegal drugs in Jamaica states that both the business sector and politics have been compromised by the drug trade and "Porous sea and air ports serve as direct export locations of marijuana and cocaine to the United States":

Jamaica’s murder rate per capita reached 1,672 in 2009 making it one of the highest in the world. The difficult economic situation has spawned a significant increase in aggravated crime such as larceny, robbery, and rape. This, in turn, has placed a national spotlight on increasingly brazen criminal activity throughout the country which continues to threaten civil society. A particular focus of concern has been the increasing activity of organized crime, which permeates both the legitimate business sector as well as the political sector. The “guns for ganja” trade exacerbates the problem as undocumented handguns continue to flow freely into the country. Recent assessments indicate that approximately 70 percent of the illegal firearms entering Jamaica originated from the U.S.

Leaving no doubt that the U.S. is displeased at the delay in turning over Christopher Dudus Coke, the INCSR implies that Coke is being shielded from extradition because of his ties to the JLP (Jamaica Labour Party) which currently controls the government.

Until August 2009, the extradition treaty between the USG and the GOJ had been actively and

successfully used by the United States to extradite suspected criminals from Jamaica. Extradition requests were routinely and timely processed by Jamaican political and judicial authorities. The GOJ’s unusual handling of the August request for the extradition of a high profile Jamaican crime lord with reported ties to the ruling Jamaica Labor Party, which currently holds a majority in parliament, on alleged drug and firearms trafficking charges marked a dramatic change in GOJ’s previous cooperation on extradition, including a temporary suspension in the processing of all other pending requests and raises serious questions about the GOJ’s commitment to combating transnational crime. The high profile suspect resides in and essentially controls the Kingston neighborhood known as Tivoli Gardens, a key constituency for the Jamaica Labour Party. Jamaica’s processing of the extradition request has been subjected to unprecedented delays, unexplained disclosure of law enforcement information to the press, and unfounded allegations questioning U.S. compliance with the MLAT (Mutual Legal Assistance Treaty) and Jamaican law.

Bruce Golding in the House 

The Prime Minister of Jamaica, Bruce Golding, in response to the report rejected U.S. claims and questioned the legitimacy of the extradition request. He claimed that some of the evidence used to justify the U.S. request was obtained by secretly and illegally recording communications.

The request for the extradition of Coke was received on August 25, 2009. There were aspects of the case and the procedures employed that were abnormal and the Government, consistent with the provisions of the Extradition Treaty, sought clarification and additional information...In one important respect, however, it was found to be in violation of the law. The Interception of Communications Act makes strict provisions for the manner in which intercepted communications may be obtained and disclosed. The evidence supporting the extradition request in this particular case violated those provisions. So serious an offence is this violation that the penalty provided by law is a maximum fine of five million dollars, or to imprisonment for a term not exceeding five years, or to both such fine and imprisonment. The law further requires that for intercepted communication to be admissible in any criminal proceedings it must have been obtained, disclosed and used in accordance with these provisions. This was not done in this case. This was highly irregular.

Prime Minister Bruce Golding also said that there had been meetings with U.S. authorities regarding this matter both in Jamaica and Washington, D.C. where the government of Jamaica has remained constantly engaged with the US authorities on the matter.

The Jamaican government has indicated that if the U.S. had other evidence, the procurement and disclosure of which were not in violation of Jamaican law, the minister would be prepared to accept that evidence and issue the necessary authority to proceed. No such evidence has up to now been presented.

In questioning the assertions in the INCSR about the reluctance of Jamaica to live up to its international agreements, the Prime Minister said:

The US Narcotics Control Strategy Report accuses the Government of "unfounded allegations questioning US compliance with the Mutual Legal Assistance Treaty and Jamaican law", and has questioned the Government's commitment to law-enforcement cooperation with the US.

We respectfully reject these assertions. The minister of justice, in authorising extradition proceedings, has a duty to satisfy herself that they conform to the provisions of Jamaican law. As minister and, especially, as attorney general, she cannot authorise processes which she knows to be in violation of Jamaican law.

Wayne ChenKarl Samuda

So what is next? In a move widely interpreted as sign of displeasure, the U.S. revoked the visa of Wayne Chen, Chairman of the state-run Urban Development Corporation. There has been no explanation for the revocation and Karl Samuda, General Secretary of the governing Jamaica Labour Party, has refuted reports that members and affiliates of the Party have also had their United States visas revoked.  

The Christopher Dudus Coke affair also caused problems in Parliament with accusations flying back and forth between the Government and the Opposition over the reluctance to sign the extradition warrant. 

Aside from the political arena, other groups have joined the call to place the matter of the extradition of Christopher Dudus Coke before the Jamaican court system. The contention that the extradition request from the the U.S. is flawed by evidence obtained by illegal wiretaps is a matter for the courts to decide.

• The Jamaica Council of Churches (JCC)
• The Independent Jamaican Council for Human Rights (IJCHR)
• Jamaicans for Justice (JFJ)
• The Private Sector Organisation of Jamaica (PSOJ)
• Families Against State Terrorism
• And the Parliamentary Opposition

Have all joined together in opposition to Bruce Golding's decision to keep the issue out of court:

"The (extradition) matter should go before the courts," was the blunt declaration of the Reverend Peter Garth of the umbrella church group, which usually stays out of such issues.

"The council is troubled by the seeming trend to reduce or curtail judicial authority, and warns that there are constitutional implications," declared the Arlene Harrison Henry-led IJCHR.

"We embark on a dangerous road when the executive authority usurps judicial functions by making decisions about evidence. As such, decisions can only be properly made by the court after a full public hearing of all issues, and after the hearing of all parties"

"We fully support the position of the IJCHR and believe the Dudus matter needs to be placed before the courts," asserted Dr Carolyn Gomes, executive director of JFJ.

"In fact, we believe that it is a breach of the principle of separation of powers for the executive to assume the duty of the judiciary," Gomes added. "We have always argued that the court is the final arbitrator, and we have sought to defend the rights of all Jamaicans in a court of law."

In reality the Dudus affair has been a huge headache for Prime Minister Bruce Golding. Christopher Dudus Coke, no matter what anyone says, is not an ordinary citizen of Jamaica. He controls the area known as Tivoli Gardens from which the Prime Minister derives his political power and support. To be seen as "giving up" Dudus to the Americans would not only be unpopular in Tivoli Gardens it would be tantamount to political suicide. On the other hand to be seen as being uncooperative with the American authorities over this matter, leaves him open to charges of being a corrupt politician under the influence of an internationally wanted criminal. There are no good options for Bruce Golding.

In the meantime Christopher Dudus Coke has other things on his mind. It's his birthday! And in the style and pomp of the beloved Don that he is, he plans to throw a party. He will celebrate his 41st birthday with an elaborate two-day bash in the community that treats him like a king - Tivoli Gardens.

Where he will be for birthday number 42 is anybody's guess.

Also See: Dudus Wanted and Dudus to be Extradited? also Dudus Extradition Approved!<<----

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Will Christopher Dudus Coke be Extradited?

One thing is for certain. Christopher Dudus Coke is not an ordinary citizen of Jamaica. He, more than anyone else is a king maker. Without his support Bruce Golding, the current Prime Minister of Jamaica, would not be in that position. He, more than anyone else, is responsible for the relative calm which exists in Tivoli Gardens. He is powerful, influential and has a horde of supporters who are willing to do whatever he says. He is a "Don".

However, the United States, with whom Jamaica has an extradition treaty, considers him to be an international criminal, active in the illegal drugs and weapons trade between the U.S. and Jamaica. In August they made a request for the extradition of Christopher "Dudus" Coke to the U.S. to face these charges. The indictment says in part:

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 their organization with illegally trafficked firearms. COKE has been named by the U.S. Department of Justice to the list of Consolidated Priority Organization Targets "CPOTs"), which includes the world's most dangerous narcotics kingpins.

COKE, 40, is charged with conspiracy to distribute cocaine and marijuana and conspiracy to illegally traffic in firearms. If convicted on the narcotics charge, he faces a maximum sentence of life in prison and a mandatory minimum sentence of 10 years in prison, as well as a fine of up to $4 million or twice the pecuniary gain from the offense. He also faces a maximum sentence of five years in prison on the firearms trafficking charge, and a fine of up to $250,000 or twice the pecuniary gain.

The U.S. claims to have a number of eyewitnesses who will testify to the involvement of Coke in these illegal activities. They are requesting that the Jamaican government hand him over for prosecution in the U.S.

To say the least, this request has been a headache for Prime Minister Bruce Golding who represents Tivoli Gardens in parliament. He has been accused of delaying the approval for extradition. However, Mr. Golding - who was answering questions posed by Opposition Member of Parliament Dr Peter Phillips on the issue - said the delay was because the US authorities had not followed proper procedure in issuing the request and were in violation of Jamaican domestic laws.

"Most requests that have been received depend for their process on the provisions of the Extradition Treaty with the particular country and on the Extradition Act," Golding told Parliamentarians. "This particular request is somewhat different in that it also relies for its validity on the provisions of the Mutual Assistance Criminal Matters Act. The Government of Jamaica has raised with the US authorities issues regarding its compliance with that Act."

The Prime Minister, as an example of the cooperation with the U.S., went on to state that a total 31 persons have been extradited from Jamaica between September 2007 when his party took office and now. Of this number, 19 persons were extradited to face drug offence charges, nine for murder, three for fraud and one for assault.

Golding also made it clear that he was not going to engage in discussions about the details of the extradition request concerning Coke. Opposition Members of Parliament continued unsuccessfully to press the Prime Minister for more details. He did however answer a question about when he became aware of the extradition request. He said the security forces informed him on August 24, 2009, that a special team from the US would arrive in Jamaica shortly to deliver the request. They arrived the following day.

The newspaper, the Jamaica Gleaner, in an editorial, also criticised the delay in handing Christopher "Dudus" Coke over to the U.S. authorities:

In the case of Mr Coke, the Government has for five months failed to sign an extradition order so that Mr Coke can have his day in court, locally or in the United States. It has asked the US authorities for more information about his indictment.

Most people see dithering and political delay. It erodes confidence. Perhaps we can look forward to the 'Coke amendment' in the extradition treaty.

The attorney for Christopher Coke is Tom Tavares-Finson. He expects that there will be some resolution to the request sometime early next year:

"You have to understand that the matter is coming to a head. It's been here since August, it cannot take the same period for the resolution to be made. It has to be completed in half that time, or less. So I am looking for a resolution early next year..." Tavares-Finson told the Sunday Observer in an exclusive interview.

Tom Tavares-Finson thinks that the extradition will not be granted, according to what he has seen of the request.

"Based on the allegations that I have seen, there is nothing there to provide a burden of evidence that the warrant for his extradition should be signed," said Tavares-Finson. "In fact, based on the allegations, I am of the view that the US authorities are not really interested in my client. But if anybody knows our attorney general, Dorothy Lightbourne, those persons who went to law school with her will tell you that she is a meticulous person and will examine the evidence based on merit. If it is to be signed, it will be signed. If it is to be denied, it will be denied."

Emphasizing that Dudus is not wanted for any criminal activities in Jamaica and is in fact a respected member of his community, Tavares-Finson said:

"Nobody has heard of him being involved in any criminal activity," Tavares-Finson said of his client. "Nobody has heard that he is involved in any extortion downtown. The police are not saying that. Nobody is saying that he is involved in any narcotics trade in Jamaica. The police are not saying that. Nobody is saying that. Is he involved in murder and 'brucking' of people's house across the island? They (police) are not saying that he is involved in the car racket. Nobody is saying that. But they are painting a picture of this man, who they say is a notorious criminal, why, because essentially he has overseen the transformation of a community riddled with criminality and violence into a place where people can make money."

In fact some prominent legal minds in Jamaica question the legitimacy of the extradition request, in light of the fact that the accusers of Christopher "Dudus" Coke are all anonymous.

Barry Frankson, who has practised law for more than 30 years, thinks that Jamaica should be able to refuse to go along with the request for extradition.

"Once properly tested and established that under our law such a person would not get a fair trial or no offence has been made out under our law, Jamaica should be bold enough to say no."

He added: "We have total confidence in our judicial system to do the right thing ... if the evidence is not sufficient for the extradition order to be made, then our judges should stand up to that.

"Where there are border-line cases, our citizens should get the benefit of it ... in many other jurisdictions the courts have stood up to the US.

Frankson believes that Jamaicans should be concerned about proceedings that are not open to scrutiny, particularly cases that have anonymous witnesses.

"(It's like) fighting in the dark. The witnesses cannot be cross-examined to examine the veracity of the statements made. You are not able to put them under the searchlight of truth," he said.

Dr Paul Ashley disagrees with his colleague. He thinks that it would be dangerous to expose potential witnesses to risk of discovery before a trial and says that "a requesting state is not bound to disclose the identities of its witnesses before the accused appears in their jurisdiction."

"In other words, they won't remain anonymous in the trial ... in the requesting state. The witnesses would be subject to cross-examination and everything else," he said.

Not surprisingly, Tom Tavares-Finson, Christopher "Dudus" Coke's lawyer agrees with Frankson.

"For example, this notion that they can come here and extradite people, which our Court of Appeal has agreed using anonymous witnesses; not even their names they are prepared to tell you.

"They can take you to America out of your country of birth on a piece of paper that say witness 'AB' and witness 'CB' say that on 'X' date you did  call and say 'XY'. You think you could have sent that and give to America? You couldn't do that," argued Tavares-Finson, a criminal lawyer for some three decades.

Frank Phipps agrees with both Frankson and Tavares-Finson:

"Our law says each person who is charged with a criminal offence has the right to cross-examine the witnesses against him. That is our Constitution. Now, you can't cross-examine a piece of paper," quipped the noted litigator.

Phipps, who has been a lawyer since 1957, said requests have been made for witnesses to attend the proceedings in Jamaica but they have fallen on deaf ears. "That can't be right. As much as we are concerned about the security of people ... you don't throw out the baby with the bath water."

So the question remains. What will Jamaica do about Christopher "Dudus" Coke? Is he an international criminal being harbored by Jamaica from the U.S., or is he entitled to the protection of his country from a Super Power bent on prosecuting him for alleged crimes in the U.S.?

Also See: Dudus Wanted and  Dudus Still Wanted <<----

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Christopher "Dudus" Coke Wanted

Christopher "Dudus" Coke, 40, a Jamaican national, is wanted by the US authorities on a number of drug and weapon offenses. See the story here.

The U.S. has officially asked the Jamaican government to hand him over to face those charges and has complained about the tardiness on the part of Jamaican government to do so. See the extradition request here.

"The U.S. government is looking forward to the Jamaican government respecting their obligations under the treaty," Patricia Attkisson, spokeswoman for the U.S. Embassy in Kingston, said.

 Acknowledging the request for Christopher Dudus Coke's extradition, a Jamaican official responded:

“The Government has been notified and discussions are taking place. It is principally the prerogative of the Ministry of Justice and the Attorney General’s office”, Foreign Affairs Minister Kenneth Baugh said.

 Coke's lawyer, Tom Tavares-Finson, said he had not seen any paperwork and did not know why the U.S. was interested in his client. He claimed that Coke had no connections with the United States and was also not sure if his client would turn himself in voluntarily.

"We're waiting to hear what the decision is," said Tavares-Finson, who has dismissed the U.S. charges as "hype."

 According to reports, Coke is the alleged leader of the "Shower Posse" gang. He is charged in the U.S. Southern District of New York with conspiracy to distribute cocaine and marijuana and conspiracy to illegally traffic in firearms. Coke faces a maximum sentence of life in prison if convicted. Under the Extradition Treaty, accused persons do not have to sell illicit drugs in the United States to be convicted in that country. See a report in the Jamaican newspaper the Jamaica Gleaner concerning the U.S.- Jamaican Extradition Treaty.

Christopher Coke is not only politically well-connected to the governing party in Jamaica, the JLP (Jamaica Labour Party), he is also the recognised leader of his community of Tivoli Gardens in downtown Kingston. His influence stretches across the entire island of Jamaica and overseas to the U.S. and England. His extradition to the U.S. would likely have huge ramifications among his followers and his community.

View Tivoli Gardens, Jamaica in a larger map

Another Jamaican newspaper, the Jamaica Observer gives this perspective on Coke, as well as some background information. His aliases include Dudus, President and Shortman:

"He is the leading figure among JLP garrisons and many leaders in those communities report to him. He is tremendously powerful and is feared by friends and foes alike"

According to an article in Jamaicaviews.com, there could be social unrest if Coke was to be extradited. He has the legitimacy that the government can only envy among the urban poor. A Caribbean scholar with knowledge of the workings of inner-city communities across the region put it this way:

“For the people, legitimacy in the Government stops at Carib 5 cinema (in Cross Roads). From that point down, he (Dudus) is more legitimate than the Government. He has a monopoly of force and consensual power because he has legitimacy that the Government of Jamaica cannot even dream to have where the urban poor is concerned.”

“What does a government do when they have created a government within a government? What do they now do when they have to hand up this government to another government?” he asked. “He (Dudus) can get kids to be off the street at 8:30 pm. The Government does not even have the power to scratch anybody’s hair much more to do something like that. People feel safer in Tivoli Gardens than anywhere else. It is the safest garrison. This is touchy. In a country that barely understands order, you have found somebody to provide order in the midst of chaos because downtown is chaos. What do you do with him?”

The government in Jamaica is under pressure to respond to the U.S. request for extradition from the opposition party the PNP (People's National Party). Peter Bunting, Opposition spokesman on national security, claims that the Government's failure to extradite Tivoli Gardens strongman, Christopher 'Dudus' Coke, has caused a stand-off between Washington and Kingston.

Peter Bunting, said in a press statement that the longer the Government took to honour the US request to send Coke to stand trial, the country's national interests and international reputation was being jeopardised.

"It is completely untrue," said Minister of Justice and Attorney General Dorothy Lightbourne:

"The Jamaican Government has, indeed, responded through the channels laid down in the Extradition Treaty between Jamaica and the United States and there is ongoing communication between the authorities of both states," she said in a press statement.

There has also been criticism of Jamaica's Prime Minister, Bruce Golding. Tivoli Gardens is his constituency and he has mostly been silent on the requested extradition of Christopher Coke. An editorial asked a question that Prime Minister Golding needs to answer clearly and unequivocally:

That question is "whether the Government's loyalties lie with those who hold that the end justifies the means or the citizens of this country who are committed to order and the rule of law".

According to Claude Robinson, a journalist with the Jamaica Observer:

All that can be expected of the prime minister is a simple and clear statement acknowledging the request and affirming that it will be dealt with in accordance with our democracy and our constitution without regard to the political affiliation of the target of the request. Once that due process is complete, the country will be told the full outcome. That's all that was expected from the prime minister. He should have delivered.

So the question remains, as it had for over two months now:

Will the Jamaican government hand over Christopher "Dudus" Coke to the U.S. authorities to answer the criminal charges against him?

See Also: Dudus Extradited? and Dudus Still Wanted  <<----

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