VZCZCXYZ0000
RR RUEHWEB

DE RUEHKG #0731/01 3061835
ZNY CCCCC ZZH
R 021835Z NOV 09
FM AMEMBASSY KINGSTON
TO RUEHC/SECSTATE WASHDC 0202
INFO RUEATRS/DEPT OF TREASURY WASHINGTON DC
RUEHKG/AMEMBASSY KINGSTON
RUEHLO/AMEMBASSY LONDON 0048
RUEHOT/AMEMBASSY OTTAWA

C O N F I D E N T I A L KINGSTON 000731 
 
SENSITIVE 
SIPDIS 
STATE FOR WHA/CAR (JMACK-WILSON) (BALVARADO) (VDEPIRRO) (WSMITH) 
L/LEI (CHOLLAND) (AKLUESNER) 
INR/IAA (GBOHIGAN) 
JUSTICE FOR OIA (PPETTY) 
TREASURY FOR ERIN NEPHEW 
INR/RES (RWARNER) 
PASS TO CENTRAL AMERICAN CARIBBEAN BASIN COLLECTIVE 
 
E.O. 12958: DECL: 2019/11/02 
TAGS: CJAN CVIS PREL PGOV PINR ASEC SNAR SOCI KCOR KCRM JM
XL 
SUBJECT: JAMAICA: DIP NOTE RECEIVED ON OCTOBER 30, 2009 
 
REF: STATE 85807; KINGSTON 704 
 
CLASSIFIED BY: Isiah Parnell, CDA; REASON: 1.4(B), (D) 
 
¶1. (C) On October 30, CDA received the following diplomatic note, 
dated October 30, from the Minister of Justice Dorothy Lightbourne 
of the Ministry of Justice (MOJ): 
 
 
 
(Begin text of MOJ DIP NOTE) 
 
 
 
Re:         Request for extradition of Christopher Coke 
 
 
 
I have the honour of addressing your Excellency on behalf of the 
Government of Jamaica.  I refer to the above captioned matter.  I 
have carefully considered your response dated October 2, 2009.  In 
accordance with Article IX of the treaty I will require further 
information and comments as set out hereunder before I can properly 
consider the request as required by the provisions of the Treaty 
and domestic legal requirements. 
 
 
 
(a)          Interference with witnesses is not a new situation. 
It is not unique to the United States.  It is a tool used by 
criminal individuals and organizations to frustrate the process of 
justice.  Jamaica is not only aware of it but has encountered it 
and we have introduced a system of witness protection to ensure 
that criminals do not secure their acquittal by eliminating 
witnesses.  Jamaica recognizes however, that it must balance the 
public interest with the right of every accused to know his 
accuser.  In our jurisdiction the prosecution must disclose the 
statements of all witnesses to the defence before trial.  Jamaica 
recognizes the assurance given by the United States that Mr. Coke 
will have the right to confront all witnesses in court.  Jamaica, 
however, is unable to understand the real concerns of the United 
States in not wishing to divulge the names of the witnesses in 
light of its own witness protection service and the fact that 
persons and associates under the control of drug organizations 
could launch an attack on witnesses after disclosure is made at 
trial.  Jamaica notes that in the recent case of Davion Parson who 
was indicted for three counts of First Degree Murder, the names of 
the witnesses were disclosed.  Retaliation against witnesses is 
most likely in cases of murder. 
 
 
 
(b)          Jamaica notes that the question has not been answered. 
The question Jamaica wishes to have answered is whether the 
co-operating witnesses are being charged jointly with Christopher 
Coke as the evidence in their affidavits suggests that they should 
be so charged. 
 
 
 
(c)           Jamaica notes that the answer to this question is a 
qualified yes.  It would be of assistance if we had a definitive 
answer.  However, since your answer implies that the statements of 
the co-operating witnesses were not submitted to the Grand Jury, 
Jamaica is requesting a copy of the evidence which was presented 
before the Grand Jury and which formed the basis for the 
indictment. 
 
 
 
(d)          In the absence of an unqualified yes to the question 
at (c) an answer to the question at (d) is required. 
 
 
 
(e)          This request is now incorporated at paragraph (c). 
 
(f)           Jamaica wishes confirmation that as regards the 
charge of conspiracy contained in count one of the indictment no 
scientific analysis of the substance alleged to be marijuana and 
cocaine was done and a certificate placed before the Grand Jury. 
 
 
 
(g)          Jamaica is aware of the contents of the affidavit of 
co-operating witness 2.  However we are asking for corroboration of 
that evidence from the records of the immigration authorities in 
the United States. 
 
 
 
(h)          Jamaica notes the assertion of the United States that 
Mr. Coke has not been designated by the executive of the United 
States as a significant foreign narcotics trafficker pursuant to 
the Foreign Narcotics Kingpin Designation Act.  However on August 
28, 2009 the US Drug Enforcement Administration issued a News 
Release under the name of Erin Mulvey, Public Information Officer. 
This release is captioned - "Manhattan U.S. Attorney Charges 
Jamaica-Based Drug Kingpin with Narcotics and Firearms Trafficking 
Crimes" and it is concerned with Mr. Coke.  It states, inter alia, 
"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 the 
organization with illegally trafficked firearms.  COKE has been 
named by the U.S. Department of Justice to the list of Consolidated 
Priority Organization Targets ("CPTOTs") which includes the world's 
most dangerous narcotics kingpins". 
 
 
 
                Jamaica wishes to know why is the DEA referring to 
Mr. Coke as a narcotics kingpin if he has not been so designated by 
the executive of the United States? 
 
 
 
                As regards Jamaica's concern that details of the 
request were passed to unauthorized persons the United States 
asserts that the information regarding this request was shared with 
officers of the Jamaican Government.  We wish to be informed of the 
names of the officers of the Jamaican Government with whom the 
information was shared.  This is of serious concern to the Jamaican 
Government. 
 
 
 
                We note that witness John Doe states that telephone 
calls by and to Mr. Coke were intercepted by him, he being a member 
of the Jamaica Constabulary Force.  The information gathered during 
the monitoring of these calls has been used as evidence on which 
the indictment is founded.  Jamaica wishes to know whether the 
information was obtained by the United States in accordance with 
the treaty between Jamaica and the United States on Mutual Legal 
Assistance in criminal matters and in accordance with the 
provisions of the Mutual Assistance (Criminal Matters) Act. 
 
 
 
                Jamaica wishes the United States to disclose the 
name of the witness "John Doe" who states that he is a serving 
member of the Jamaica Constabulary Force.  Jamaica notes that there 
should be no concern about interference with this witness. 
 
 
 
                We look forward to receiving the above mentioned 
information which will enable me to expedite my deliberations so as 
to fully comply with my obligations under the treaty and Jamaican 
law.  Should you have any queries in relation to the above please 
do not hesitate to contact me. 
 
(End Text) 
 
 
 
¶2. (C) Comment: Regrettably, this request for additional 
information was not unexpected and was repeated on several 
prominent talk radio programs last week.  It appears that the GOJ 
is looking for reasons to justify its  inaction on the extradition 
requests and underscores its belief that action might result in 
significant social, political, and economic unrest, particularly in 
the Tivoli Gardens area of Kingston.  End Comment. 
Parnell