Barbara Gayle, Staff Reporter

The Jamaican Bar Association and the lawyers whose offices were searched by the police in January 2003, and clients' files removed, have finally won their legal battle against the Attorney-General and the Director of Public Prosecutions.

In handing down its landmark ruling on Friday, the Court of Appeal held that the searches and seizures were in breach of legal professional privilege and ordered the respondents to return the documents which had been seized.

The court found that the searches and seizures purportedly conducted and done under the Mutual Assistance (Criminal Matters) Act were in breach of Section 19 (1) of the Constitution.

The respondents are also restrained from making any use of the documents.

The Director of Public Prosecutions, Kent Pantry, Q.C., acting under the Mutual Assistance (Criminal Matters) Act had given written authority to Deputy Superintendent of Police Karl Plummer to apply for the search warrants, which were signed by Resident Magistrate Martin Gayle on January 24, 2003.

The police, after obtaining the warrants, searched the offices of attorney-at-law Ernest Smith in Brown's Town, St. Ann and Kingston. The office of attorney-at-law Hugh Thompson in Kingston was also searched. Documents were removed from the lawyers' offices.

The searches were conducted to assist the Canadian government in its investigations into money-laundering and drug-related offences against 56-year-old Canadian businessman Robert Bidwell. Bidwell, who was wanted in Canada to face charges, waived his right to an extradition hearing and was sent back. Thompson and Smith had been retained to appear for Bidwell.

Order of certiorari

The Jamaican Bar Association, which had expressed concern about the incident, joined the lawyers in a motion filed in the Constitutional Court, seeking several declarations and the release of the documents. Attorneys-at-law Nesta-Claire Smith, Pearline Bailey and Marsha Smith, who shared offices with Mr. Smith, and whose offices were also searched, joined in the suit.

They lost in the Constitutional Court and they took the issue to the Court of Appeal. Former President of the Court of Appeal Ian Forte, Mrs. Justice Zaila McCalla (now Chief Justice) and Mr. Justice Seymour Panton (now President of the Court of Appeal) heard the appeal between June and September 2005 and handed down the decision yesterday.

The Court of Appeal granted an order of certiorari for the appellants to go to the full court of the Supreme Court to quash the warrants which were issued on January 24, 2003. Legal costs were awarded in favour of the appellants.