40 / 494
39
for the extradition of the person concerned could not
lawfully be made, or would in fact not be made, in
accordance with the provisions of this Act.”
FINDINGS
3.16.
The Attorney-General did not promptly exercise the
discretion vested in her under section8(3) in August 2009. She took
time to be advised.
3.17.
We are satisfied that, as of 26 August 2009, the Attorney-
General was seized of all relevant documentation to enable her to
exercise her discretion in favour of signing the Authority to Proceed,
i.e. to have Coke arrested with a view to his answering the extradition
charges in the Magistrate’s Court.
Publication of Indictment on the Internet
3.18.
At about this time, copies of various documentation relating to
Coke’s indictment were, as Mr. Golding said, “universally available on a website
of the Southern District Court of New York two days after the request was
received”. He heard of their availability on a radio station which quoted from the
documents and the radio station indicated how they had sourced the documents.
Mr. Golding went on the website himself and saw the documents.
Hiatus – No Action on Authority to Proceed
3.19.
The Attorney-General did not sign the Authority to Proceed until
18 May 2010
– some nine months after the request was received. Both
Mr. Golding and Ms. Lightbourne explained to the Commission that, essentially,
the Government was firmly of opinion that the manner in which the USG
collected evidence against Coke and the manner in which that Government
purported to have the request for extradition processed, offended the laws and
the Constitution of Jamaica. Much time and effort were expended in