Recalling Leys Lullaby

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Rock a bye baby,
In the treetop
When the wind blows
The cradle will rock

Douglas Leys the Solicitor General of Jamaica, in a meeting with US State Department and Justice Department facilitated the attendance of a member of a private US law firm into that official meeting. Hello!?

The SG had just recently a few hours before been introduced to the principals of the said law firm who were anxious to obtain an official brief to act on behalf of the GOJ.

The SG himself had refused the overtures of the said law firm and by his own admission outlined to them the procedure that had to be followed if and when they were to be engaged to act on behalf of the GOJ.

It therefore begs the question: Did the SG act most improperly in facilitating the attendance of a private US law firm at an official meeting between himself and the US authorities?

In so doing, the SG unwittingly gave credence to the impression gained by the US officials - who had previously met with representatives of the US law firm and were involved in discussions of the very same issue as the SG - that the US law firm was indeed acting on behalf of the GOJ.

What is even more difficult to understand is the rationale informing the SG's thinking that to have Brady - a Jamaican attorney attend the meeting would have been improper, yet saw no problem in having a representative from a US law firm (who had not been engaged by the GOJ to his certain knowledge) attending as an "Observer".

Leys was either naive or was "convinced/persuaded" to change his initial refusal of the gratuitous offer. Unknown to him, he was the one being introduced to the US officials.

So, the "Consultant" was not so authorized and neither was the "Observer" but the fact remains that the US law firm acted on behalf of the GOJ in its dealings with US officials as reported on the official websites.

Smoking gun and misty mirrors: Who will be held accountable? Who misled the PM? Who is politically dispensable? Who will be "separated" from their responsibilities?

In the end the DEA - Dudus Extradition Affair has been further complicated, if not compromised, by the FBI (now meaning From Brady's Intervention).

When the bough breaks,

The Cradle will fall

And Down will come baby

Cradle and all

Oops!

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Resolve vs Avoid

Resolve the dispute

In May 2010 when the Mr Golding told Parliament that he had sanctioned the Manatt initiative, he said the move was to resolve a treaty dispute with the the United States.

"The initiative, which led to the engagement of Manatt, Phelps & Phillips by Mr Brady started within the Jamaica Labour Party in September when he was approached to see whether, through his contacts with persons in the American political system, assistance could be obtained in finding a way to resolve what was seen as a treaty dispute."

Source: Jamaica Observer 

Avoid the dispute

But in an interview hosted by Ian Boyne on Sunday September 12, 2010 dubbed 'A conversation with the Prime Minister', Mr Golding said the US law-firm was hired to avoid a treaty dispute.

Source Go Jamaica

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Enquiry Lost

The Manatt COE runs the very real risk of losing its way and/or losing public confidence/attention in its deliberations. One of the factors grabbing public attention is the opportunity to explain or clarify confusing and contradictory statements made in the public by politicians and public servants in what has been called the "Dudus" extradition affair. The Chief offenders are the Prime Minister, the Attorney General and Minister of Justice, the Minister of Information, the Solicitor General and Attorney-at-law Harold Brady.

The former Commissioner of Police has made some explosive statements in an interview conducted on CVM Direct and the Minister of National Security has responded vehemently to the assertions made.  The enquiry must of necessity consider all things in the public domain. It has to consider all the previous statements made by key personnel.  It cannot afford to ignore or bar any section of any public pronouncement.  We are therefore surprised that up until the time of writing, that interview with the former Commissioner of Police has not been aired in the Commission. Indeed it seems inescapable that certain interests are hell bent on preventing such being disclosed to the commission. The Commissioners would be well advised to make arrangements for such interview to be aired within the Commission and the former Commissioner be recalled to explain, elaborate or expand any view that may pique the interest of the battery of attorneys present. Until then we would issue a call in the public interest for CVM to repeat that interview in the hope that it may jog the memories of those who seem to have forgotten the very nature and impact of the Commissioner's statement.

Nationwide and Newstalk should rebroadcast interviews with SG Douglas Leys now that he has given his testimony.

Brady and PM Golding are involved in a defamation suit in the supreme court and Brady has simply ignored the Manatt COE.  More anon.

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$$ Always Legit $$$

NOW - 2011

"Testifying earlier during yesterday's sitting of the commission, Information Minister Daryl Vaz, who was deputy treasurer of the JLP, said under cross-examination that the US$50,000 that was used to pay for the services of Manatt, Phelps & Phillips was "clean" money that came from a legitimate source."

Source: Jamaica Observer - Gov't was nervous - Feared ‘Dudus’ Extradition Request could topple administration
Vaz says money for extradition lobby came from legitimate source

THEN - 2003

"JAMAICA LABOUR Party (JLP) leader Edward Seaga will have to furnish evidence of impropriety on the part of James Robertson's campaign team during last week's race for deputy leader or risk facing legal action. This, according to Daryl Vaz, chairman of Robertson's Finance Committee, has become necessary following disparaging remarks made by Mr. Seaga yesterday on national radio.Mr. Vaz added, however, that they would not be complying with the JLP leader's demand that he be furnished with a list of donors.


"We have taken a decision that, whatever the threatened repercussions, we will not be responding to that directive."


Mr. Vaz said that they have already written to Commissioner of Police Francis Forbes asking him to insist that Mr. Seaga provide the evidence of what he said was a clear reference to money laundering on the part of the Robertson team."

Source : Jamaica Gleaner - JLP RIFTWIDENS Party squabbles over campaign financing

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JLP Government Needs Plumber

When troops seized Mr Coke’s headquarters at Tivoli Gardens they discovered a CCTV system that enabled him to monitor all the entrances. They also found large amounts of local and foreign currency and copies of the extradition documents filed by the US Government, which Mr Coke appeared to have obtained illicitly.

Source: Times Online - How Dudus Stayed Ahead of the Police.

 Minister Lightbourne's response:

Lightbourne said she received a call from "someone in the army" who advised her that the Office of the Director of Public Prosecutions had the request and that it would have been submitted to her.
"I called my office. Have you got this yet? No, we don't know anything about it. Has Foreign Affairs got it? Foreign Affairs was called, they knew nothing about it. I then had to call back and say what is this. This thing has not gone through its processes and I was told: 'We are trying to speed it up so we make copies that everybody will get it all at the same time'," Lightbourne asserted.

Source : Jamaica Gleaner - Nicholson Wants Probe into Lewin's Allegations

Manatt Commission of Enquiry Surprise.

There was a surprising development at Wednesday afternoon's sitting of the Manatt/Dudus Commission of Enquiry at the Jamaica Conference Centre, when it emerged that the secret Memorandums of Understandings(MOUs), which was being guarded closely by the Commissioners, was already in the hands of at least one senior attorney at the hearing..........................The revelation that Queens Counsel (Q. C.) Frank Phipps, who is representing the governing Jamaica Labour Party (JLP), already had copies of the MOUs sparked an intense debate among attorneys including K. D. Knight, counsel for the Opposition People's National Party, who brought the issue to the attention of the Commissioners.

Source: RJR  -  JLP Attorney Already Had Secret MOUs Before Manatt Commissioners

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Code Secret

One of the highest classifications used by the Ministry of National Security to indicate the level of confidentiality of highly sensitive documents is SECRET! This is normally placed at strategic points throughout the document. Sometimes it may be in red. 

 Nevertheless the classification indicates that only authorized individuals should have access to such documents and under no circumstances should there have cause for its publication to unauthorized individuals. This is essential for the effectiveness of national security operations especially those involving transnational organized crime.

Indeed it is well known that there are foreign law enforcement agents operating in Jamaica. Frequently they provide technical and logistic assistance to their Jamaican counterparts. For example, they may be involved in "sting operations", fugitive apprehension and counter narco-terrorism activities. It has been a feature of small independent countries to enter into "secret" arrangements between the more powerful and technologically superior states. Indeed there is even the arrangement where the captured bounty is shared. 

It is of paramount importance that the confidentiality of such arrangements is not compromised by unauthorized publication of the details of such bi-lateral relationships.  The classification has to be respected by both countries and forms the context in which future relationships are struck in the area of national security.

In most countries, there are criminal sanctions for those found guilty of unauthorized possession of classified documents. 

• Will the Manatt COE investigate the presence of highly confidential information at the headquarters of the Presidential Click?
• Will the Manatt COE investigate the persons within the JLP who facilitated the unauthorized sharing of information with journalists in a certain media house?
• Will the persons be held accountable for what must be regarded as a criminal act?

Don't hold your breath!

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Big Up

The Dudus COE has had some stellar performances given by public officers notably: Ambassador Coye, Permanent Secretary, Ministry of Foreign Affairs and Jeremy Taylor, Snr. Deputy DPP, Head of the Extradition Unit, DPP's office.

Ambassador Coye was credible. This expericed diplomat showed her mettle under cross examination. She sought the guidance (and protection) when she was of the view that the questions posed required her to submit answers not within her knowledge, competence or authority.  The lady was good.

Jeremy Taylor was professional in his approach, aided and abetted by the calm Lord Gifford.  The Snr. Deputy DPP maintained his considered opinion in the face of the constitutional challenges launched by Frank Phipps QC. Taylor's statement/contribution was very helpful to an understanding of the processes involved.  The advice given to SG Leys on the phone was a classic; its elabloration in preparation for the meeting that was not held seemed very comprehensive.

The public of Jamaica will be somewhat re-assured from the performances of these two public officers that all is not lost. Ambassador Coye is at the pinnacle of her career; Jeremy Taylor has a bright future ahead. Make no mistake, it is no easy feat to withstand cross-examination carried out by the likes of Phipps, Small and Knight - silks of the finest calibre.

We await the performance of SG Leys, AG Lightbourne and PM Golding. Make sure that you have a ringside seat in front of JNN it is shaping up to be the real bangarang. 

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The Grand Design?

The last day of January 2011 was a very interesting one at the Dudus COE AKA the Manatt COE:

• For the first salvo we were treated to vintage courtroom drama practised by the silks (QCs). Hugh Small Q.C. locked horns with K.D Knight Q.C., while Frank Phipps Q.C. and Winston Spalding Q.C. indulged in more esoteric interventions.
• Then the fact of the four memoranda took center stage.  The public still has no idea as to the contents.  Instead, the questions focused primarily on the whereabouts, the non-involvement of certain ministries and the usual procedures for such matters.
• For those oblivious to the objectives of this elaborate and detailed enquiry the grand design became evident in the last two questions posed to Ambassador Coye:
• Who was the Minister of Foreign Affairs at the time?
• Who was the Minister of National Security at the time?
• The moment, the pregnant pause and the audience's reaction were more important than the  answers given. Of course the questioner and other attorneys already knew the answer.
• This has to be assessed alongside the context that was painstakingly brought out in evidence.
• The Ministry of Foreign Affairs had no record of such memoranda; did not participate in its formulation, negotiation or implementation; and was totally ignorant of such until informed by representatives of the US government who refused GOJ request for copies.
• Furthermore there seems to be no record of such memoranda being discussed or ratified by the Cabinet and certainly the memoranda was not brought to Parliament.
• The impression gained is that such were the result of secret deals between the then Minister of National Security and US agencies involved in national security (read CIA, DEA, FBI).
• The stage has been set. Remember those graffiti markings appearing mysteriously and accusing Peter Phillips of being a "CIA agent" and "selling out Jamaica". Now, there is evidence that the records available seem to indicate that Phillips alone and not even his cabinet colleagues were involved or informed.
• That is not all.  If you want further evidence of the grand design then you should have watched CVM nightly news. Minister of Finance Audley Shaw gave notice that it is likely that the Manatt enquiry could "backfire" on the PNP - specifically Peter Phillips when certain information comes out making him regret having called for the COE.

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