VZCZCXYZ0000
OO RUEHWEB

DE RUEHKG #0114/01 0291919
ZNR UUUUU ZZH
O 291917Z JAN 10
FM AMEMBASSY KINGSTON
TO RUEHC/SECSTATE WASHDC IMMEDIATE 0586
INFO EC CARICOM COLLECTIVE IMMEDIATE
RUEATRS/DEPT OF TREASURY WASHINGTON DC IMMEDIATE
RUEHLO/AMEMBASSY LONDON IMMEDIATE 0155
RUEHOT/AMEMBASSY OTTAWA IMMEDIATE

UNCLAS KINGSTON 000114 
 
SIPDIS 
WHA FOR DAS REYNOSO 
WHA/CAR FOR (V.DEPIRRO, W.SMITH, J.MACK-WILSON) 
L/LEI (CHOLLAND) (AKLUESNER) 
INR/IAA (GBOHIGAN) 
JUSTICE FOR OIA (PPETTY) 
TREASURY FOR ERIN NEPHEW 
INR/RES (RWARNER) 
CENTRAL AMERICAN CARIBBEAN BASIN COLLECTIVE 
 
E.O. 12958: N/A 
TAGS: CJAN SNAR MARR PREL SOCI EAID ASEC KCRM KCOR IMF AID
TRSY, JM, XL 
SUBJECT: JAMAICA: PM LAMENTS LAW ENFORCEMENT PRIMACY IN USG 
RELATIONSHIP, HINTS AT COKE EXTRADITION REFUSAL; POST REQUESTS 
DELIVERY OF DEMARCHE 
 
REF: KINGSTON 86; KINGSTON 90; 09 KINGSTON 1190; 09 KINGSTON 697 
 
Summary and Action Request: 
---------------------------------------- 
 
¶1. (SBU) On the evening of January 27, the CDA met with Prime 
Minister (PM) Bruce Golding in his office at Jamaica House 
regarding the bilateral relationship in general and the status of 
recent USG extradition requests in particular.  The PM expressed 
concern that, in recent years, the relationship between the 
Government of Jamaica (GOJ) and the USG had gradually become 
dominated by law enforcement concerns.  The CDA disagreed, noting 
that the USG was very engaged with the GOJ through USAID, the Peace 
Corps, military-to-military ties, consular services, and other 
forms of cooperation.  The PM defended Attorney General (AG) 
Dorothy Lightbourne's recent refusal of the USG's extradition 
request for Presley Bingham (Reftel A) on drug trafficking charges, 
and hinted that the GOJ would similarly refuse the pending 
Christopher "Dudus" Coke extradition request on procedural grounds. 
Post requests that Department authorize a demarche to the GOJ to 
convey the points delineated in paragraph 8.  End Summary and 
Action Request. 
 
Concern Over Law Enforcement Primacy in Bilateral Relationship 
--------------------------------------------- ---------------------- 
------------------- 
 
¶2. (SBU) The CDA had met earlier in the day with Ambassador Evadne 
Coye, Permanent Secretary (PS) in the GOJ's Ministry of Foreign 
Affairs and Foreign Trade (MFAFT), to express the USG's 
dissatisfaction over the AG's refusal of the Bingham extradition 
request (Septel).  The PS apparently relayed those concerns to the 
Office of the Prime Minister (OPM), and by the end of the day the 
CDA was invited to Jamaica House to meet with the PM.  PS Coye and 
Foreign Minister (FM) Kenneth Baugh also were present. 
 
¶3. (SBU) The PM noted that he had been a long-standing supporter of 
the bilateral relationship, but was concerned that in recent years 
USG-GOJ ties seem to have become dominated by law enforcement 
concerns.  The CDA countered that this was not the case, and cited 
a number of other areas of cooperation, including USAID, Peace 
Corps, military-to-military programs, consular services, tax 
compliance, and USG support for the GOJ's pending Standby Agreement 
with the International Monetary Fund (IMF) (Reftel B).  When 
reminded of the scope of the bilateral relationship, the PM seemed 
pleased.  The CDA also noted that, at the recent Chiefs of Mission 
(COM) conference in Washington, Secretary Clinton and Assistant 
Secretary (AS) for Western Hemisphere Affairs Arturo Valenzuela had 
stressed the importance of the USG's partnerships in the Caribbean, 
while emphasizing that the USG could not divorce law enforcement 
cooperation from the wider range of issues and priorities in 
bilateral relationships. 
 
Defends AG's Bingham Decision 
------------------------------------------ 
 
¶4. (SBU) The PM said that he had spoken with the AG regarding the 
Bingham case and defended her decision, noting that she had the 
legal authority to decide as she had done.  The CDA assured the PM 
that the USG did not question the AG's authority, but had been 
surprised by the limited rationale that she had provided for her 
decision (Septel)  The AG had had the opportunity to review the 
USG's extradition request in early 2009 before she had signed the 
order to proceed, and had given no indication at that time of any 
of the apparent "double jeopardy" concerns raised in the diplomatic 
note regarding the refusal.  Similarly, the timing of the AG's 
refusal - coming one day before the expiration of the 60 day window 
within which Bingham would have to have been extradited - had put 
the USG in a difficult position, with U.S. Marshalls having been 
placed on standby and a USG plane deployed to the Norman Manley 
International Airport to transport Bingham to the U.S.  The PM 
seemed to acknowledge these concerns. 
 
 
 
Displeased With DAS Reynoso's Coke Comments 
--------------------------------------------- ------------------- 
 
¶5. (SBU) The PM also noted with displeasure that, on her recent 
visit to Jamaica (Reftel C), Deputy Assistant Secretary (DAS) of 
State for Central American and Caribbean Affairs Julissa Reynoso 
had spoken with local media representatives on the pending Coke 
extradition.  The CDA reminded the PM that, although the U.S. 
Embassy and the GOJ had maintained a "gentleman's agreement" not to 
discuss the case publicly, no such assurances could be made on the 
part of the DAS.  Nevertheless, the CDA noted that he had advised 
MFAFT of the DAS's visit and the likelihood that she would be asked 
about the Coke extradition. The FM confirmed to the PM that this 
advisement had in fact taken place and that the U.S. Embassy had 
been quite forthcoming regarding the DAS's media interviews and 
statements on the Coke extradition. 
 
Hints At Coke Extradition Refusal 
-------------------------------------------- 
 
¶6. (SBU) In their discussion, the PM spent considerable time 
questioning the propriety of elements of the Coke extradition 
request (Reftel D), demonstrating a great deal of familiarity with 
the intricacies of the case and suggesting that he had been 
following it closely.  Matters of particular concern seemed to be: 
the identity of confidential sources cited in the extradition 
request; and, the propriety of members of the Jamaica Constabulary 
Force (JCF) appearing before the Grand Jury in the Southern 
District of New York without appropriate authorization by the 
Jamaican courts. 
 
Analysis: 
----------- 
 
¶7. (SBU) In the CDA's estimation, the PM gave every indication that 
the GOJ was leaning toward refusing the USG's Christopher Coke 
extradition request, although there was no explicit statement to 
this effect, and no time frame for a decision was mentioned. If 
this is the case, the Bingham extradition refusal might have been 
intended to establish a precedent on procedural grounds for a Coke 
refusal.  Post will convey any additional information as it becomes 
available.  End Analysis. 
 
 
 
Action Request: 
--------------------- 
 
 
 
¶8. (SBU) Post requests that the Department authorize a demarche to 
the GOJ conveying the following points: 
 
a.            The Jamaican Minister of Justice's decision not to 
extradite Presley Bingham is disappointing and regrettable.  Mr. 
Bingham is accused of serious crimes involving international drug 
trafficking, which have harmed U.S. communities and fueled violence 
in Jamaica, with devastating consequences for the Jamaican people 
and legitimate Jamaican industries. 
 
b.            Our requests for the extradition of Mr. Bingham were 
based on thorough investigations and fully satisfied all of the 
requirements of our bilateral extradition treaty.  The United 
States in no way engaged in any undue delay in this case.  Indeed, 
the GOJ's failure to issue a surrender warrant in a timely manner 
led to the release of Mr. Bingham at the conclusion of the first 
set of extradition proceedings.  For years, our cooperation with 
Jamaica in the area of law enforcement has been considerable, 
including on extradition matters.  In fact, we consulted with the 
Jamaican Office of the Director of Public Prosecutions (DPP) to 
prepare both both our first and our subsequent extradition requests 
for Mr. Bingham, as we do in all extradition cases.  The claim that 
extradition would be unjust due to delay is inconsistent with the 
MOJ's decision to proceed in response to our resubmission of the 
extradition request. 
 
 
 
c.             We fully respect the decisions of the Jamaican 
courts and magistrates, which in this case validated the USG's case 
against Mr. Bingham.  Mr. Bingham chose not to appeal the decision 
in a timely manner.  This decision by the Jamaican courts has now 
been overruled by the Attorney General, although the USG has acted 
in accord with our treaty obligations in this case. 
 
d.            Post awaits a more detailed explanation from the GOJ 
regarding this decision. 
Parnell