The motion filed by West Kingston strongman, Christopher ‘Dudus’ Coke, challenging the extradition proceeding against him is now being heard in chambers at the Supreme Court in Jamaica.
Chief Justice Zaila McCalla is hearing arguments from the attorneys representing the Justice Minister, Dorothy Lightbourne.
Don Foote, the lead attorney for ‘Dudus’, has already put forward his case.
On May 21, when the matter was first heard, the Justice Minister in her affidavit outlined the reasons why she is unable to proceed with an earlier motion filed on April 14.
In the document, she said because the Opposition Leader Portia-Simpson Miller and the Private Sector Organisation of Jamaica president, Joseph M. Matalon, were released as defendants, therefore it was not proper to proceed in the absence of any contested party.
She said she also took into consideration the fact that the United States declined to appear in the matter.
In addition, Ms Lightbourne said it was not true for ‘Dudus’ to say she had not applied any independent thought or mind to the exercise of her discretion under the Extradition Act.
Meanwhile, Senator Lightbourne says she has also taken into account that there was some evidence against ‘Dudus’, even if the material gained by the intercept was excluded.
She said she also considered that it was in the public’s best interest that the government not be placed in a position where it could be accused of having breached its solemn obligation, under the extradition treaty made with the United States government.