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negotiations, seeking legal opinions and filing proceedings in Court to test the
validity of the actions of the USG. Since this matter was the subject of another
Commission of Enquiry – the
Manatt Commission
, it would be inappropriate
for us to deal with the legal and Constitutional issues that were fully ventilated at
that Enquiry.
FINDINGS
3.20.
We accept that negotiations and legal and Constitutional
issues did cause delay in the progress of the extradition request. We
also find that the delay accelerated public concern and disquiet.
Mr. Golding clearly was in a position of conflict. He was Prime Minister
and Minister responsible for Defence. He was also Coke’s M.P. and
leader of the political party to which Coke was wedded.
THE SECURITY FORCES BEGIN TO PLAN
3.21.
While the GoJ was considering the diplomatic, legal and
constitutional implications of the extradition request, the security forces began
planning for the day when the arrest warrant would have to be executed.
3.22.
The leadership of the JCF changed in November 2009 when
Mr. Owen Ellington was appointed to act as Commissioner of Police following the
resignation of Rear Admiral Lewin. CoP Ellington met with CDS Saunders soon
after his appointment and they discussed the need to plan an operation for
execution of the warrant when it was ultimately received.
3.23.
CoP Ellington said –
“It was necessary to plan because of past experiences in
trying to enforce the law in Tivoli Gardens and West
Kingston. Confrontations with the police were usually violent
and sometimes involved the use of women and children as
human shields. There was a risk of injury to innocent