THE COUNCIL of the Jamaican Bar Association said yesterday that there is no statutory authority for wiretaps and has expressed concern as to whether there is any legal authority to order wiretaps.
The Bar Council gave its view in a statement issued by Derek Jones, President of the Association.
In the wake of allegations that the phones of some senior police officers had been tapped illegally, Prime Minister P. J. Patterson told Parliament on Tuesday that investigations into the alleged illegal use of wire-taps and drug-trafficking at high levels in the Jamaica Constabulary would be undertaken under the supervision of the Director of Public Prosecutions.
In the course of his statement to the House of Representatives the Prime Minister said new guidelines had been established for tapping of telephones in the interest of national security in 1990; and those he had authorised in April this year related to trafficking of drugs and guns.
The Bar Council said it had given consideration to the current controversy regarding wire-tapping and the serious allegations made in respect of the conduct of various police officers and possibly members of the political directorate.
"There is no statutory authority for wiretaps and there is a real concern as to whether there is any legal authority to order wiretaps. The consequence is that this issue requires early resolution by the introduction of legislation which was promised the better part of ten years ago," the Council said.
The Council has recommended that there be speedy and thorough investigation followed by frank and full ventilation of the matters covered, in a court or otherwise, including the prosecution of any person or persons in respect of whom there is evidence of criminal behaviour.
"Given the nature of the public controversy and the apparent lack of accountability within the system it is unlikely that any investigation by the police will have the desired credibility. We advocate that the investigation should be conducted by a body external to the police force, guided by the advice of the Director of Public Prosecutions following which the law must take its course.
"It is vital that the Jamaican people have confidence in the outcome of any such investigation as that confidence is one of the building blocks in the search for long-term solutions to the crime-related problems of our society," the Council said.
There is probably no higher priority at this time than the need to preserve the integrity of and confidence in our institutions, and specifically the justice system, the Council emphasised.
