CHAPTER 4
THE INVOLVEMENT OF MANATT, PHELPS & PHILLIPS, LLP
The involvement of the United States-based law firm Manatt, Phelps & Phillips, LLP (MPP) in the extradition case of Christopher Coke involved a web of deception resulting in:
• a contentious partisan political debate,
• the resignation of a senator/minister of state in the Ministry of Foreign Affairs,
• a public Commission of Enquiry into the circumstances and roles played by various government and political officials in the process,
• the prime minister offering his resignation to Cabinet,
• defamation litigation initiated by Harold Brady against PM Bruce Golding, which was never pursued.
The highly charged political debate took place in Parliament utilising parliamentary privileges. The debate provided the public with a view of the various perspectives of the main actors involved as well as providing important background information to the subsequent Commission of Enquiry, which was televised and totally dominated the public space.
The involvement of MPP was first brought to public attention by the Opposition spokesman on National Security, Dr Peter Phillips, in Parliament on March 16, 2010. The exchange between Prime Minister Bruce Golding and Dr Phillips ended with the Opposition walking out of the chamber.
THE POSITION OF MANATT, PHELPS & PHILLIPS
In a letter dated April 6, 2010, Minister of Justice and Attorney General Dorothy Lightbourne, QC, wrote to Manatt, Phelps & Phillips, LLP seeking clarification of the DOJ filing concerning their services being contracted by the Government of Jamaica (GOJ). (Doc.4: 3).
Lightbourne’s argument was based primarily, if not solely, on the status of Harold Brady – that he was neither a consultant to the GOJ nor authorised to contract services on behalf of the GOJ.
Manatt, Phelps & Phillips replied via overnight carrier on April 28, 2010 addressing “several inaccuracies” while maintaining that the “FARA filings made by Manatt, Phelps & Phillips, LLP accurately reflect the matters for which the firm was retained.” (Doc.4: 4).
MPP outlined the contacts – meeting and other communications – made with GOJ officials, namely Ronald Robinson, Douglas Leys and Lackston Robinson, as well as their attendance along with the GOJ delegation at the official meeting with the US State Department.
INSTRUCTIONS GIVEN BY PRIME MINISTER/PARTY LEADER
The instructions given by the prime minister, Bruce Golding, to Harold Brady remain a bone of contention as evidenced in the Particulars of Claim No.2010 HCV 04850 in the Civil Division, Supreme Court, Jamaica, filed October 01, 2010. Of particular interest is Appendix A – a copy of the letter of demand of September 15, 2010 (Doc.4: 5):
Golding maintained that it was Harold Brady who started the initiative, had made contact with MPP who wished to be formally retained, and that their fees would be US$100,000 per quarter so long as their services were engaged.
Golding then gave instructions to the deputy treasurer of the Jamaica Labour Party (JLP) to arrange for the payment of fees.
Some time later, Brady informed that MPP would prefer the GOJ to be its client.
• “The defendant was emphatic in declining to agree to Manatt, Phelps & Phillips representing the Government of Jamaica.
• The defendant told the claimant that on no account should this be entertained.”
• The defendant further advised the claimant in effect that if Manatt Phelps & Phillips was not prepared to represent the Jamaica Labour Party, the arrangement with Manatt Phelps & Phillips should be brought to an end immediately.
• The claimant in response said to the defendant “OK, Prime Minister, I understand your instructions.” Golding also maintained that Brady had not advised him that he had signed a contract with MPP dated October 1, 2009 and had become aware of such on March 17, 2010. Golding also asserted that around March 22, 2009 Brady had apologised for not following the “specific instructions that the Government was not to be involved in the engagement of Manatt, Phelps & Phillips”.
RATIONALE FOR THE BRADY INITIATIVE
Prime Minister Golding gave the rationale for the Brady Initiative at a media press conference on September 14, 2010:
In the initial engagement/discussions with the US, we were being stonewalled. We couldn’t get past that wall so therefore Mr Brady was asked to get hold of Mr Frank Fahrenkoph, who is the former chairman of the Republican Party, a good friend of the party and when he got hold of Frank who is somebody I know personally…
This engagement was to see whether or not he could help to get some greater receptivity on the part of the US authorities to the concerns that we had because we were being stonewalled. (emphasis added).