By Barbara Gayle, Staff Reporter
SMITH..."Breach of Constitution."
A CONTROVERSY has erupted in legal circles over the searches conducted by the police at the offices of two Kingston lawyers on Tuesday to see if there were documents which could incriminate a Jamaican man who is wanted in Canada to face drug charges.
Reports are that the searches were conducted between Monday and Tuesday at the offices of attorney-at-law Ernest Smith at Brown's Town, St. Ann, and East Street, Kingston, and that of attorney-at-law Hugh Thomp-son on Tower Street, downtown Kingston, and files belonging to several clients were taken away.
"This is a fundamental breach of the Constitution and goes to the very principle of confidentiality and privilege that exists between lawyer and client," a very upset Mr. Smith said yesterday.
The search was made to secure documents in regards to Robert Bidwell, a Jamaican national who is facing extradition proceedings in relation to drug-related and money laundering charges.
The lawyers are representing Bidwell. Mr. Thompson was not available for comment yesterday.
Attorney-at-law Nesta Smith (Mr. Smith's daughter) said a legal team was now in the process of bringing the matter before the court "because the incident affects not only Mr. Smith and Mr. Thompson but all attorneys-at-law". Miss Smith said the police searched the files in the Kingston office and took two files belonging to Mr. Bidwell.
She said they were personal injury files, involving motor vehicle accidents. She said a total of 34 files and documents, most of which belonged to other clients were taken from the Brown's Town office. She said when the police came to the Kingston office she contacted the DPP's office and was instructed to send a fax but she said the police prevented her from sending the fax.
An application for the search warrant was made in the Corporate Area Criminal Court and was granted by Resident Magistrate Martin Gayle.
"The application for the warrant was authorised by the Office of the Director of Public Prosecutions under the Mutual Assistance (Criminal Matters) Act, after which the search was carried out," a spokesman from the Office of the DPP told The Gleaner yesterday.
A request has been made by the Canadian authorities for the local police to get articles which can assist them in the case against Bidwell.
Mr. Smith said he went to his office at Brown's Town on Monday and saw policemen there searching the files in his office. He said the police went into the files in his office, read them and even read statements which were given to him by the DPP. The search at the Brown's Town office lasted from about 2.30 p.m. to 6:30 p.m. and during that time members of staff were prevented from leaving the office.
"I have not seen the written statement which I got from Bidwell. They (the police) took files which belonged to other clients. When I reached my office at Brown's Town the police were reading other clients' files," Mr. Smith said.
Mr. Smith said there was no reason for the police to search his office because "there are no allegations of Bidwell's lawyers being involved in anything with him apart from the fact that we are his lawyers. If we are his lawyers we must have a statement from him." Mr. Smith said he got a written statement from Mr. Bidwell.
On Tuesday when the police searched his Kingston office, Mr. Smith, who is a Member of Parliament, was at Gordon House at the time.
