Dear Editor,

It is my considered opinion that in relation to the Trafigura hearing set for witnesses to be deponed before our Supreme Court, next year would be ill-conceived as being unlawful and unconstitutional if criminal proceedings had not started in the requesting country.

If criminal proceedings had not begun, the proper course is for the police to collect statements from witnesses. In this context, section 16 of the Mutual Assistance (Criminal Matters) Act shows the grounds for refusal of assistance. The relevant grounds are set out below:

(i) a request for assistance under this act made by a foreign state (a) shall be refused if in the opinion of the central authority compliance with the request would contravene the provision of the constitution (v) the steps required to be taken in order to comply with the request cannot be legally taken in Jamaica in request of criminal matters arising in Jamaica.

In Jamaica when the police endeavour to discover the author of a crime, witnesses do not depone before any court to facilitate the investigation. The police collect statements and other forms of evidence for presentation to the court and that is when the court is involved. This is in keeping with the constitutional doctrine of separation of powers under our constitution.

I am reliably informed that criminal proceedings have not started in the requesting country and so I think the public should hear from the relevant authorities.

Much more can be said against the current proceedings, but perhaps enough is as good as a feast.

Owen S Crosbie

Attorney-at-Law

Mandeville, Manchester

oss@cwjamaica.com