Us Marshals, who are to set up office in Jamaica as they step up efforts to track fugitives who flee to the island, must be reminded firmly of the limitations on their jurisdiction here, including the fact that they have no power of law enforcement in Jamaica, according to Opposition senator, Bruce Golding.

Golding’s warning in the Senate, came against the backdrop of the controversy over police searches of two lawyers’ offices looking for information concerning a Jamaican man, Robert Bidwell, who Canadian law enforcement officers want to extradite on drug charges, and the fact that members of the Royal Canadian Mounted Police were present at, if not participated in, the searches.

Additionally, the Jamaican Government was apparently caught by surprise by the announcement that the US Marshalls Service, which already collaborates with Jamaica’s Fugitive Apprehension Team, was to establish a formal office here, even before the Government was advised of the plan.

“We need to remind them, politely but firmly, that law enforcement in Jamaica is our responsibility,” Golding told his Senate colleagues.

He was speaking during a debate on a private member’s motion by government senator, Keste Miller, commending the administration on its recent crime-fighting initiatives and calling on Jamaicans to support the security forces.

Among the issues highlighted as positive by Miller were increased efforts at community policing, the targeting of “drug dons”, an 18 per cent decrease in major crimes over the past year, and moves to implement the recommendations of the National Committee on Crime.

Miller also stressed the Government’s encouragement of closer co-operation between the Jamaican constabulary and overseas law enforcement agencies.

While Golding was not opposed to such relationships, and apparently even the presence of foreign law enforcement agents here, he was seemingly wary that if not kept on a tight leash they might seek to exceed their authority and undermine the rights of Jamaican citizens.

Although he did not mention names or dates, Golding clearly referred to the 1997 incident when a Jamaican, Richard “Storytella” Morrison, who was wanted on drug charges in the United States, was allegedly lured onto a boat and kidnapped” by US agents who ferried him back to the United States.

“US law enforcement agents, in violation of our own laws, kidnapped a Jamaican citizen from a boat in a Jamaican port and before the local law enforcement agencies were aware of what was happening, he had been spirited out of the country,” Golding said. “It was wrong.”

He also drew attention to the January incident when the police searched the separate chambers of lawyers, Ernest Smith and Hugh Thompson, who act for a Jamaican, who is now in jail while the Canadians try to extradite him for trial on drug trafficking charges.

“(There is) a recent situation where Canadian law enforcement officers accompanied Jamaican law enforcement officers in carrying out a particular operation,” Golding said.

He was, however, stopped from further comment by Attorney-General A J Nicholson with a caution that “if the senator is referring to the search of the offices of lawyers, that matter is before the courts” and was therefore sub judice.

The searches of Smith’s and Thompson’s offices were conducted under a treaty, backed by a 1995 mutual assistance law, which allows such searches.

However, lawyers and civil libertarians argue that the law is unconstitutional and that such searches breach lawyer/client privilege. Smith and Thompson have pledged to challenge the searches and the constitutionality of the legislation in court. In the meantime, a Supreme Court judge is to determine whether the authorities have any right to the documents confiscated during the searches.

Golding commended the Government’s efforts to “broaden the input for the current crime plan” and for “engaging in bipartisan consultation in the fight against crime”.

But in terms of foreign law enforcement operating here, he insisted that “the Government needs to make a clear definitive statement of policy… requiring the clear respect for local rights and authorities under the laws of Jamaica”.

“If I saw a Canadian policeman or a US marshal on my land, I would have him arrested for trespass because he has no power under law,” he said.

That, he stressed, did not mean that he wanted to discourage co-operation between the Jamaican police and foreign law enforcement, but on the basis of mutual respect. “They can assist us with intelligence and in our investigations to identify and apprehend wrongdoers, but they must show respect for the constitution and the laws of Jamaica,” Golding said.