Barbara Gayle, Staff Reporter
THERE ARE conflicting reports as to who signed the information which was taken before the court for the warrants to search the offices of two attorneys-at-law last week Monday and Tuesday and seize documents.
The search warrant was applied for on January 24 under section 23 (3) of the Mutual Assistance (Criminal Matters) Act.
Kent Pantry, Q.C., Director of Public Prosecutions, represents the Central Authority referred to in the Act and he alone has the authority to sign the instructions, applying for the warrant. By gazette dated May 2, 1997 the Minister of Justice has designated the Director of Public Prosecutions as the Central Authority of Jamaica.
Several legal experts said on Friday that if the DPP did not sign the information for the search warrant then the warrants would be invalid.
The offices of attorney-at-law Ernest Smith at Browns Town, St. Ann, and East Street, Kingston, and that of attorney-at-law Hugh Thompson, on Tower Street, downtown Kingston, were searched by the police and several documents and files removed.
Court officials are adamant that the signature on the relevant document presented before the court was recognised to be that of the DPP. They said Crown Counsel, Lisa Palmer, from the DPP's office, Deputy Super-intendent, Karl Plummer, and two Canadian men were present when the application was made before Resident Magistrate Martin Gayle. They said Miss Palmer's attendance was in the capacity of a representative of Office of DPP.
Mr. Smith told The Sunday Gleaner on Friday that he telephoned Mr. Pantry last week Monday when the police were at his Browns Town office and informed him that the police were at his office. He said Mr. Pantry's first response was "this don't sound right." He said the conversation between Mr. Pantry and himself was on speaker phone and Mr. Pantry said he knew nothing at all about the search warrant.
He said attorney-at-law Pearline Bailey and Deputy Superintendent Plummer heard the conversation. After he spoke to Mr. Pantry, a policemen remarked "this is between the police not the DPP".
Several attempts by The Sunday Gleaner to ascertain if Mr. Pantry had signed the relevant documents to apply for the search warrants proved futile. One of Mr. Pantry's secretary said the question was relayed to him but "he is not responding" to the question.
A spokesman from the DPP's office had said last week Wednesday that "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.
Mr. Smith said the warrants referred to respondents but no person was named as respondent in the warrant. The warrants stated that the search was to seize documents or articles belonging to respondents or to two properties in St. Ann.
He said it was while talking to the police that they told him that the search was in relation to 53-year-old Canadian national Robert Bidwell who is facing extradition proceedings. He said he and Mr. Thompson are representing Bidwell.
The search warrant which was issued on January 24 to Deputy Superintendent Plummer states "whereas it appears to me Martin Gayle, Resident Magistrate for the Corporate Area, upon the hearing of an information on oath laid by Deputy Superintendent Karl Plummer of the Financial Crimes Division of the Jamaica Constabulary Force, that there is reasonable cause to suspect that-
1. Any document or article pertaining directly or indirectly to any or all of the respondents herein or to Bay Vista Villages and Lot 45 Breadnut Drive, Bengal, St. Ann;
2. Any document or article otherwise relevant to criminal proceedings and/or investigations being pursued against the respondents herein by the Canadian Government are located at the following premises:
The Law Offices of Ernest A. Smith at 85 East Street, Kingston Jamaica. AND WHEREAS it appears to me that the seizure of the above mentioned articles will assist in the investigation of the following offences currently under investigation in Canada in respect of the Respondents herein:
Conspiracy to import cannabis resin and/or cannabis marijuana; Conspiracy to traffic cannabis resin and/or cannabis marijuana; Conspiracy to possess cannabis resin and /or cannabis marijuana; Possession of the proceeds of Crime; Laundering the proceeds of crime.
These are therefore to authorise and command you in Her Majesty's name, forthwith and with proper assistance and with such force as may be necessary to enter the said premises at any time of the day or night and there diligently to search for the said articles as aforesaid and if any such articles shall be found to seize and take such articles with you." It was stated on the warrant that it would cease to have effect after 28 days.
Similar warrants were issued in respect of Mr. Smith's Browns Town office and the law offices of Gifford Thompson and Bright where Mr. Thompson is a partner.
Mr. Smith and Mr. Thompson have described the search as a breach of the Constitution. They said that the police removed a large number of files which belonged to other clients. They are saying that the raid on their offices 'is a breach of the principle of confidentiality and privilege that exists between lawyer and client'.
The two lawyers who are being backed by their colleagues will be pursuing legal action in the matter.
The Jamaican Bar Association has since issued a statement condemning the search and removal of documents from the lawyers' offices. The Association said it was calling on 'the Government, its agencies and the judiciary to uphold and secure the rights of our people according to law'.
