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The future of an extradition motion brought by Attorney General and Justice Minister Dorothy Lightbourne hinges on a ruling from Supreme Court Judge Roy Jones on whether Opposition Leader Portia Simpson Miller should remain a defendant in the matter.
Lightbourne has asked the court to make a determination on her powers as attorney general under the Extradition Act and has named Simpson Miller as a defendant.
Simpson Miller was one of three persons named as defendants in the motion. Joseph M. Matalon, for and on behalf of the Private Sector Organisation of Jamaica (PSOJ), and Christopher 'Dudus' Coke, the businessman around whom the extradition issue revolves, are the other persons named as defendants.
The Gleaner has learnt that during the hearing in chambers yesterday, Lightbourne, the claimant, took the position that there was no basis for the second defendant, Matalon, to remain as a defendant.
Coke has not been served and is therefore under no obligation to take a seat in court and respond.
It means that Simpson Miller stands as the sole defendant in the matter, but lawyers representing her have argued strongly that she should be released.
If she is released, there would be no basis upon which the matter would proceed.
Yesterday, Queen's Counsel K.D. Knight and attorneys-at-law John Junor and Abe Dabdoub, who are representing Simpson Miller, and R.N.A. Henriques, QC, and attorney Richard Small, who represent the PSOJ, argued that they should be released as defendants in the motion because they had no knowledge, information, documents or evidence that could assist the court in the proceedings.
However, attorneys-at-law Dr Lloyd Barnett and Dr Adolph Edwards opposed Simpson Miller's application and argued that she should remain a defendant because she was the leader of the opposition and had a constitutional duty.
Lightbourne said in court documents that Simpson Miller and the PSOJ had been named as defendants because of public views expressed by them on the extradition issue.
She said Coke was named as a defendant because he is the person involved in the extradition request.
The Gleaner understands the attorney general's lawyers said in chambers that her decision, to concede that Matalon should not have been named as a defendant, was based on the affidavit given by Matalon. In that affidavit, he said the PSOJ, in its public statement, was in no way disputing the minister's powers under the Extradition Act.
The PSOJ was not released as a defendant as Jones has reserved his decision in the applications for a later date. It is expected that the judge will hand down his decision later this month.
Lightbourne has taken the decision not to sign the authority to proceed with the extradition for Coke, who is wanted in the United States to face drug and firearm-trafficking charges.
She filed the motion in the Supreme Court on April 14, seeking declarations as to her powers under the Extradition Act.
Lightbourne and Solicitor General Douglas Leys attended the hearing, but the motion for the declarations was not heard yesterday, as it will have to await the judge's ruling on the applications for the defendants to be released.
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Dwyane Wade Estranged Wife Files Lawsuit

The estranged wife of Miami Heat star Dwyane Wade has filed a lawsuit against his girlfriend, actress Gabrielle Union (right), claiming that their relationship has caused Wade's two sons emotional distress, according to the Associated Press.
"Siohvaughn Wade filed the suit in Chicago this week, adding yet another chapter to the lengthy divorce saga between the former high school sweethearts who separated more than two years ago," writes the AP's Tim Reynolds. "She and Dwyane Wade had two sons, ages 8 and 2, who are listed as plaintiffs."
The lawsuit alleges that Union "engaged in sexual foreplay" in front of Wade's sons and that severely inflicted the Plaintiffs emotionally and mentally." Other claims include that the boys received "medium size gifts" from their father for Christmas last year, and Union got "the biggest gift of all." As well as the allegation that the "Defendant played sexually explicit roles, including roles as a seductress ... [and] has apparently decided to take her role beyond the films and into the home of a married man, Dwyane Wade, in the presence of his two minor children."
Union's attorney, C. Anthony Mulrain says that "Each and every allegation made is entirely false."
And Dwayne Wade supports Union: "I can state with certainty that the claims Siohvaughn made about Gabrielle are untrue," Wade said. "I am deeply saddened and disappointed that Siohvaughn has used our sons once again as pawns and is now lashing out at Gabrielle, who is an innocent party. It is clear that this is a desperate attempt to retaliate against me for seeking sole custody of our children.
"I am shocked that Siohvaughn Wade has brought this baseless and meritless lawsuit in the name of our children against Gabrielle Union," he added.
The Wades' divorce trial is slated to start in June, although Dwyane Wade's legal team is hoping for a settlement before the case goes to court.
O'neil From Voicemail Shot & Injured

L-R Oneil, Kevin and Craig from Voicemail
Scotiabank Small Business launches Farm Loan
SCOTIABANK is launching a $100-million loan fund to assist small farmers to plant cash crops for local consumption. The funds, which are being made available at a concessionary rate of 9.95 percent, is part of the Ministry of Agriculture and Fisheries FARM (Financial Access for Responsible Members) Programme.
"This Scotia FARM Fund reinforces the Bank's ongoing thrust to stimulate growth in the agricultural and productive sectors," said Scotia in a press release on Thursday.
selection of Irish potatoes, peppers and onions from the farm of Leroy DelaHaye, a Scotiabank Small Business customer, just before the launch of Scotiabank’s Farm Loan programme on Thursday morning on the DelaHaye farm in Old Harbour, St Catherine.
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selection of Irish potatoes, peppers and onions from the farm of Leroy DelaHaye, a Scotiabank Small Business customer, just before the launch of Scotiabank’s Farm Loan programme on Thursday morning on the DelaHaye farm in Old Harbour, St Catherine.
"Under this initiative, the bank is providing short-term, non-revolving loans to financially viable farming projects with the goal of stimulating increased farming activities, reducing the use of foreign exchange on imports of products that can be produced locally and generating increased employment," added the firm.
The fund will be available from April 29 to December 31, 2010 to eligible farmers registered with the Rural Agricultural Development Authority (RADA) and approved by the Ministry of Agriculture and Fisheries FARM Programme. Loans will range between $500,000 and $2 million and will be utilised for short-term crop financing, including purchasing of fertilizer,insecticide, seeds, and securing labour directly related to the crop production.
In the first phase of the project, the bank will be lending for the planting of onions, irish potatoes and hot peppers. The maximum loan term for the financing of onion and potato crops is six months and the maximum term for hot peppers is nine months. A maximum of 10 per cent of the project cost (up to $200,000) can also be used for the purchase of capital equipment specific to the project/crop planting. Loans will be disbursed against invoices for material and labour and directly to the suppliers for material.
Speaking about the launch of the programme, Patsy Latchman Atterbury, vice- president for small business banking at Scotiabank, said that the FARM fund was "a great partnership that clearly demonstrates that once we are committed to the process, all parties, the Government, bank and customers can all work together to improve access to financing. We expect that this fund will ease the pressure on our farmers' cash flow and assist them to improve their yields and produce better quality products and grow the business further."
Scotiabank and the Ministry of Agriculture have signed an agreement which will see the Ministry and RADA selecting and training farmers, assisting the farmers to prepare business plans and providing an assessment of the financial and technical viability of the project before a formal application for a loan is made to the bank. The Ministry will also monitor and supervise farm operations and help farmers in marketing and sales.
IMF to open office in Jamaica
NEW YORK, USA — The International Monetary Fund (IMF) is to open an office in Jamaica in what the Washington-based lending agency says is a move that will "further deepen the IMF's relationship with the country's authorities and other important stakeholders".
IMF spokesman Andreas Andriano told the Sunday Observer here that the office -- one of two to be set up in the Caribbean -- will begin operations later this month. The other office, he said, will be established in Antigua and Barbuda to cover IMF member countries in the Eastern Caribbean.
With a similar office already operating in Haiti, the two new offices form part of the Fund's strategic plans to broaden its services in the region.
Nicolas Eyzaguirre, director of the IMF's Western Hemisphere, said the Fund's presence in the Caribbean will create a better understanding of local circumstances and constraints and help foster close and productive dialogue with policymakers in the region.
These include trade unions, the private sector, academics, and non-governmental organisations.
He expressed confidence that the presence of these resident representatives "will help the IMF develop closer ties with the people in the region".
St Lucian-born Gene Leon will head the Jamaica office, while Wendell Samuel, a national of St Vincent and the Grenadines, will head the office for the Eastern Caribbean.
Both are credited with having extensive experience in the Caribbean. Leon is also credited with developing the first Fund programme for Iraq and has led IMF teams to the Gulf region, while Samuels has worked mostly in the bank's Western Hemisphere Department.
Jamaica and the IMF signed a US$2.7-billion standby agreement in February. The country faces the first quarterly test under that agreement this month.
'Thanks for choosing Air Jamaica, the little piece of Jamaica that flies no more' — flight attendant.
FOR four decades, tourists and 'yardies' alike have flocked to Jamaica on the 'Lovebird' to enjoy the tropical climate, the food and everything else the island has to offer.
But passengers who came in on flight JM036 from Fort Lauderdale shortly after 11:00 on Friday night were not so upbeat after disembarking the 'final' flight on the national carrier.
It was an emotional journey for most, with some passengers reportedly shedding a few tears as they openly mourned the end of Air Jamaica on the late flight into Norman Manley International Airport (NMIA) in Kingston.
"It was very emotional; a lot of sentiments," said Captain Paul Wilson in describing the general mood aboard the flight. "We saw some low-spirited people coming off there... it was like a funeral. The last couple of flights, I have been flying with the passengers, they were all saying the same thing, 'we are going to miss you guys'," Wilson said.
EDUCATION Minister Andrew Holness yesterday described the planned two-day strike by public school teachers as unfortunate, but warned that their actions must not disrupt the sitting of Caribbean Examination Council examinations scheduled for those days.
"The ministry is not expecting, and would look unfavourably on any attempt to prevent access to any school, examination centre, laboratory or any examination material which may be in their (teachers') custody," the minister told reporters at an afternoon press briefing in Kingston.
More than ten Caribbean Secondary Education Certificate (CSEC) and Caribbean Advanced Proficiency (CAPE) examinations -- including visual arts, music, sociology, French, and Caribbean Studies -- are scheduled for tomorrow and Tuesday when the teachers plan to stay off the job.
But Holness said yesterday that while many teachers may not want to turn up for work, those
scheduled to work as examination invigilators -- for which they are compensated separately — are expected to fulfil their obligations.
In addition, the minister said all administration, clerical, and ancillary staff, are expected to report to work over the two days, noting that officers from the ministry's regional offices will be visiting the schools to ensure that duties were being performed.
America to challenge Jamaica's argument on legality of evidence THE United States Government is preparing to challenge Jamaica's assertion that information passed on to the Americans regarding the extradition request for Christopher 'Dudus' Coke was obtained illegally, a US State Department official told the Sunday Observer. The official, who spoke with the understanding that his name does not get published, said that the US Government would not be backing down from its intention to extradite Coke, 42, a businessman with strong links to the ruling Jamaica Labour Party (JLP).
However, the kind of "challenge" to be mounted was not immediately outlined. Coke, referred to as 'Dudus' and 'The President', is wanted by US law enforcers to answer gun- and drug-related charges. Critics of the Jamaica Government say the Bruce Golding administration has been deliberately delaying the process, with Golding citing, among other things, breaches by US authorities in obtaining information against Coke.
"That view should be contested, because information was in fact passed on to us legally," the official told the Sunday Observer during a telephone interview late last week.
"We are very interested in having Mr Coke brought here to answer the charges. We believe that we are on solid ground," the official said.
Jamaica's Supreme Court will, on May 5, hear a motion filed by Attorney General Dorothy Lightbourne, which seeks to determine her powers and authority in extradition matters.
I-OCTANE A HIT AT GUINNESS WET SUNDAZE ANNIVERSARY

Last Sunday Guinness Wet Sundaze Anniversary held at Auto Vision, Hilview Avenue saw I-Octane delivering a crowd warming performance.
Following some exciting juggling from selectors Liquid and Stone Love represented by G-Fuss, the Ruff Cut Band was introduced to the stage.
At 1:05 am I-Octane took control of the mic with a song that is currently enjoying a lot of air rotation My Life. His life proved to be pretty interesting for the Guinness crowd who demanded Octane “wheel and come again” with the single.
I-Octane followed up with songs such as “Think A Little Time”, “Mama” closing out his set with “Lose A Friend”.
For twenty minutes the Stab Vampire singjay showed why he is regarded as one of the fastest rising conscious performers on the scene right now.
After he made his exit, he was again called up by Geefus, this time Octane used the opportunity to call on Bugle who did two songs before exiting the stage.
Following some more juggling from G-Fuss Guinness Wet Sundaze came to an end at 2:00 am.
Following his commendable performance at Guinness Wet Sundaze I-Octane is now looking forward to his next show dates which are Release The Chain on April 2 at Red Hill, Hype In the Park on April 3 in St Elizabeth and on Easter Monday, he will be at Jamworld in Portmore.
The visas of five of Jamaica's top entertainers have been revoked, THE WEEKEND STAR understands. According to information coming from the Fraud Prevention Arm of the United States Embassy in Kingston, the visas of Bounty Killer, Mavado, Beenie Man, Adonia and selector Ricky Trooper are in the process of being cancelled.
When contacted for confirmation last night, Minister of National Security, Senator Dwight Nelson, relayed through his communications department that "he has no such information."
However, a document obtained by THE WEEKEND STAR stated that: "The Embassy of the United States in Kingston, Jamaica, is in the process of revoking the visas of the following citizens of Jamaica. The people mentioned here currently hold a US visa that we have not yet been able to physically cancel. Do not allow these passengers to board any flights bound for the United States in reliance on this visa."
Sometimes reaching for your wallet is like a multiple choice test: How do you really want to pay?
While credit cards and debit cards may look almost identical, not all plastic is the same.
"It's important that consumers understand the difference between a debit card and a credit card," says John Breyault, director of the Fraud Center for the National Consumers League, a Washington, D.C.-based advocacy group. "There's a difference in how the transactions are processed and the protections offered to consumers when they use them."
While debit cards and credit cards each have advantages, each is also better suited to certain situations. And since a debit card is a direct line to your bank account, there are places where it can be wise to avoid handing it over -- if for no other reason than complete peace of mind.
